The 7th Circuit’s July 2025 decision in Exxon Mobil v. Former Technician offers more than just a ruling on discrimination claims — it’s a wake-up call for HR teams to get proactive about documentation, particularly job descriptions.
While Exxon ultimately prevailed due to clear performance reviews, the case reveals a broader issue: if a company’s expectations and role responsibilities aren’t clearly defined from the start, performance evaluations can quickly become vulnerable to legal challenges.
At the heart of any fair performance review is a standard against which performance is measured. But when that standard is vague, outdated, or absent altogether, both HR and legal teams are left to fill in the blanks — often under pressure.
Here’s why job descriptions matter now more than ever:
1. They provide a reference point for fair performance evaluation.
The court relied heavily on Exxon’s documentation comparing employees in the same Management Assigned Category. But what if the job title had unclear or shifting responsibilities due to evolving technology or internal restructuring? Without an updated job description, performance criteria can appear arbitrary, and that’s when legal risk skyrockets.
2. They help differentiate “proper comparators.”
A cornerstone of discrimination claims is proving unequal treatment among similar employees. In this case, the plaintiff tried to compare herself to two male employees with the same title and manager. But the court ruled they were not proper comparators. A well-crafted, accurate job description that reflects unique duties can bolster a company’s defense and clarify distinctions between roles that might otherwise seem identical on paper.
3. They evolve with the job and protect you in times of change.
Roles are no longer static. With AI, automation, and evolving workplace tools, responsibilities shift fast. If your job descriptions don’t reflect the real-time expectations of a role, your performance management process may be out of sync — a risk for both fairness and litigation.
4. They strengthen the foundation for lawful employment actions.
When a termination or separation is challenged, courts look for consistency and evidence of non-discriminatory rationale. If an employee was let go for “not meeting expectations,” it’s vital to show what those expectations were — and when they were communicated. A job description is your first line of defense.
5. They promote internal equity.
In this case, Exxon used a cohort approach to evaluate new hires. That process is strengthened when job roles across cohorts are standardized and documented clearly, making comparisons fair and data-driven.
Original Insight from MorganHR
At MorganHR, we’ve seen too many organizations treat job descriptions as static, compliance-based artifacts rather than dynamic tools for managing expectations, development, and risk. In today’s climate — where employee roles evolve rapidly — job descriptions should be reviewed annually as part of performance calibration and before launching merit cycles or layoffs.
A best practice? Pair each performance review with a refreshed job description review to ensure alignment. Our clients using SimplyMerit often link performance feedback to documented role expectations, creating a transparent and legally sound compensation framework.
Quick Implementation Checklist:
✅ Review and update all job descriptions annually
✅ Include specific, evolving responsibilities tied to technology/tools used
✅ Standardize expectations for similarly titled roles across departments
✅ Align performance evaluation forms with documented responsibilities
✅ Train managers to reference job descriptions in reviews
✅ Use SimplyMerit or similar tools to link job documentation to compensation decisions
Key Takeaways
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Courts rely heavily on documentation to determine whether a termination is discriminatory.
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Clear, updated job descriptions help distinguish between similar roles, reducing legal risk.
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Evolving job expectations require ongoing job description management.
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Linking performance reviews to defined responsibilities strengthens your legal and HR position.
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HR software like SimplyMerit can connect performance, role clarity, and compensation decisions.
Call to Action
Don’t let outdated job descriptions be your legal liability. Schedule a review of your organization’s job documentation today — or explore how SimplyMerit can integrate role clarity into your compensation planning.