You had asked "From a legal standpoint, what exactly do we have to list on our job descriptions before posting?" I need to say that to get a true legal impression of your job descriptions, you should work with either your inside or external legal counsel. The answer below is meant to some general impressions based on my work in the EEO/affirmative action field. Companies generally have wide discretion in what they must include in their job descriptions and job postings. There are very few specific limitations in the federal EEO laws that compel companies to include or exclude certain provisions. An obvious observation is that companies can't suggest that certain protected classes are discouraged or prohibited from applying. Beyond that, companies are allowed to develop job descriptions and job postings in a manner that helps them attract the best qualified candidates for their jobs. While companies may have wide discretion in what is included in job descriptions and job postings, there are certainly some best practices in this regard. For example, it is important to have defined minimum and preferred qualifications for a position. The federal affirmative action regulations suggest that basic qualifications for a job (which are essentially the minimum qualifications for a job) should be objective, non-comparative, and job-related. In your job description above, "Currently enrolled in high school coursework working towards high school diploma or equivalent" would likely be a good minimum qualification. It is easily understood by candidates, and allows both those involved in hiring and regulatory investigators to make a easy determine as to whether a candidate is qualified. Conversely, a qualification such as "The interpersonal skills necessary to make a good first impression, [and] relate to and empathize with other people" is not an effective minimum qualification, as it would be difficult for your organization to provide an objective standard about whether a candidate is able to make a good first impression or relate to other people. It is important when developing minimum and preferred qualifications to be careful with how qualifications are stated. Your job description above states that a preferred qualification is "Less than 2 years Demonstrated customer service skills, 6 months of cash handling experience, computer experience, and sales and/or retail experience." I would think that your preferred qualifications here are better stated as "At least 2 years of demonstrated customer service experience; at least 6 months of cash handling experience; computer experience; sales and/or retail experience." This issue with how years of experience is stated is something we see quite often in job descriptions, and some your company and others should watch when creating job descriptions and job postings. There is also value from an EEO/affirmative action perspective in having job descriptions and job postings that accurately and objectively define the essential duties and essential functions of a job. Your job description above provides a job summary, a list of "job accountabilities" and a list of job requirements. Some of this information appears to be duplicative, and if one of your objectives is to shorten your job descriptions, you might want to combine some of this information. On the other hand, by providing all of this detail, your company certainly is providing those involved in hiring and individuals interested in the position with enough information to make informed decisions about which candidates might be the best qualified candidates. There are attorneys and consultants who would suggest that all job descriptions need to have something that defines physical and mental qualifications for each position. While this is something that you may want to discuss with your attorney, it's not entirely clear that including physical and mental qualifications is helpful in a job description or job posting unless there actually are specific physical or mental qualifications associated with a position. We have seen to many job descriptions that have a section for such qualifications that routinely includes a line suggesting there are lifting or other physical qualifications that are not actually pertinent to the job. Such inapplicable qualifications should be avoided. This response is now quite lengthy, so let me close by addressing your EEO statement. Your EEO statement sends a powerful message to candidates (and those involved in hiring) about your company's interest in respecting the talents and interests of all employees. Your company should be applauded for setting a high standard in this regard. It is interesting to note, though, that this kind of EEO statement is not required by any state or federal law. If your company is covered by the federal affirmative action regulations, you must have an EEO tagline that meets certain specific requirements. I have addressed taglines in other postings so I won't belabor those requirements here. If your company is covered by other state or federal EEO laws that require a specific tagline, you should include that tagline. If your company has no specific regulatory requirements it must meet, you may include a lengthy EEO statement, a short EEO tagline, or no EEO tagline whatsoever. In this context, it is important to know what regulatory mandates apply to your organization in this regard, and to then meet these mandates. I hope this is helpful. It would be easy to write a book about effective job descriptions and job postings, but I hope these suggestions are valuable to you in the process of drafting new job descriptions.
You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.