What is an "Essential Job Function" (under workplace disability laws)

Your personal shopper for HR news!

www.hrgazette.com Mary E. Wright, Editor

What is an “Essential Job Function?”

(under workplace disability laws)

http://www.hrgazette.com/

http://www.linkedin.com/profile/view?id=11656958&trk=tab_pro


What laws establish the definition of “essential job functions?” • The Federal American’s

with Disabilities Act (“ADA”)

• The California Fair Employment & Housing Act (“FEHA”)


What do the laws require?

• The ADA and the FEHA both:– Prohibit workplace disability

discrimination.




discrimination.– Require employer to engage

in the “interactive process” with each disabled employee.




discrimination.– Require employer to engage

in the “interactive process” with each disabled employee.

– Require “reasonable accommodation” of a disabled employee.



An employee is covered by the ADA and the FEHA if he or she can:– perform the “essential

functions” of the job – with or without reasonable

accommodation.This slide deck defines the “essential functions” of a job.



• Employers must define the term “essential job functions” to:– Prepare job descriptions;



• Employers must define the term “essential job functions” to:– Prepare job descriptions;– Handle requests for

accommodation;




accommodation;• Determine if accommodation is

needed;




accommodation;• Determine if accommodation is

needed;• Interact with the employee to

find the best accommodation by– Job Modification or– Transfer


The definition of “essential job functions.”

• An “essential function” of the job is a fundamental duty of the position that an applicant or employee holds or desires to hold. A job function may be considered essential:

– If the reason the position exists is to perform that function.



• A job function may be considered essential:

– Because of the limited number of employees available among whom the performance of that job function can be distributed.



• A job function may be considered essential:

– The task or duty is so highly specialized, that the incumbent or candidate is hired for his or her expertise or ability to perform the particular task or duty.



• Evidence of whether a particular function is essential includes, the following:

– The employer's judgment.– Accurate, current written job

descriptions.– Time spent performing the

function.



– The consequences of not requiring performance of the function.

– It is described in a Collective bargaining agreement.

– Past incumbents perform the duty.

– Current incumbents perform the duty.

– Reference to the importance of the job function in prior performance reviews.


The definition of “essential job functions.” • “Essential functions” do

not include the marginal functions of the position.



• “Marginal functions” are those that:

– if not performed, would not eliminate the need for the job or

– could be readily performed by another employee or

– could be performed in an alternative way.



• Duty must in fact be essential.– Employees worked an

assembly line.– Late arrival would stop line.– Employer had written

punctuality requirement.– Employee did not work on

assembly line. – Employee allowed to

maintain discrimination suit.

Holly v. Clairson Industries,492 F.3d 1247 (11th Cir. 2007).


Employer Take-Aways

• Analyze each function to confirm that it is actually essential to the job in question as performed in the workplace.

• Regularly review job descriptions to ensure a match between the descriptions and the essential functions.



Of course, nothing in California is that easy.there are all sorts of factual twists that canchange the way this material applies in Your particular situation.

Send questions or comments to:Mary Wright, Editor, HR Gazette

mailto:[email protected]?subject=Questions%20or%20Comments%20Regarding%20Slide%20Deck



Ubiquitous DisclaimerHR Gazette does not provide legal advice. The content of this slide deck is forinformational purposes only. Before usingthis information – or any information youget over the Internet – consult your lawyer.

Nothing takes the place of advice from a lawyer who knows you and your business,and who understands the laws of the state in which your business is located.

What is an "Essential Job Function" (under workplace disability laws)

Education

Transcript of What is an "Essential Job Function" (under workplace disability laws)