An employer may refuse to hire a candidate who cannot perform “essential duties” if reasonable accommodation is not available because that candidate is not qualified for the position under the ADA. Similarly, an employer is not required to employ a current employee in a workplace where the employee cannot perform essential duties. Are the essential duties of the position an important part of your company`s job descriptions? Effective drafting of job descriptions prior to hiring an employee assists with recruitment, benefits management, compensation, FMLA and workers` compensation issues, reasonable accommodations for employees with disabilities, and potential litigation. If your organization is a U.S. federal contractor, your new Section 503 compliance responsibilities of focusing on recruiting people with disabilities and veterans make high-quality job descriptions more important than ever. If a task is not fundamentally necessary to perform a particular job, it is considered a “non-essential” function. FAQs: Can an employer be required to assign an essential function of a job to another employee as a reasonable accommodation? Essential duties are tasks that employees must be able to perform with or without reasonable accommodation. Each job must be carefully evaluated individually to determine the essential functions. For example, a library clerk may have duties in their job description, including the ability to open and close an office space from time to time in the absence of the facility manager.
However, this is not necessarily an essential function for the performance of the library clerk`s activity. This test is used to determine whether an employer has discriminated against an employee under the Americans with Disabilities Act. If an employee can perform the essential job functions of a position with or without reasonable accommodation, they are protected by the Americans with Disabilities Act. However, if the person cannot perform the essential duties with reasonable accommodation, the employer may dismiss the employee without consequences. It can often be difficult to know whether a job function is essential, marginal or unimportant. Here are some factors to consider when determining which category a function belongs to. Non-essential functions are functions that do not impact the business, whether they are performed or not. If someone is an office manager and primarily manages the day-to-day operations of an office and also coordinates office birthdays, coordinating birthday parties is the non-essential function of the job. If suddenly no one coordinated office anniversaries, the work would continue as usual, with no real impact. Questions organizations should ask to define core functions: As with many aspects of HR, this is important! If driving is a central part of a person`s job (taxi driver, security guard, regional sales manager, off-site catering staff, etc.), then driving is an essential function, especially if the person drives a company vehicle.
However, if driving is a central element of the job, this MUST be stated in the job description. If occasional or limited conduct is required for a position, the conduct should not be considered essential. Assess the level of skills or expertise required to perform the function. Those that require a high degree of specialization are more likely to be considered essential than those that do not. Indeed, those that do not require a high level of expertise can probably be added to another job or jobs, depending on the tasks and structure of the organization. ADA regulations state that the following must be considered in determining whether a work function is essential: Title I of the Americans with Disabilities Act (ADA) provides that employers have the discretion to determine which work functions they consider essential to their business. Employers should describe the essential duties of the job in writing before posting and interviewing the position. This leaves little room for confusion and ensures that employers have been properly informed about the essential functions of the workplace.
If reasonable accommodation is required of a qualified person to perform an essential function, the request must be reviewed by the employer. The aim is to ensure that workers have the opportunity to perform the essential functions of their work, regardless of their disability status. The Equal Employment Opportunity Commission reviews employees` claims of discrimination on the basis of disability and reviews the employer`s job description to determine what the essential duties of the job were. The EEOC will also consider (1) the experiences of employees who are already in the position and those who have done so in the past, (2) the time spent performing the function, (3) the consequences if the employee is not required to perform the function, and (4) whether other employees could perform the work function instead. Job descriptions provide a list of objective criteria for a variety of decisions that must be made in the workplace. Job descriptions should form the basis of employee performance appraisals. Performance evaluations should measure the effectiveness with which an employee performs the tasks described in the job description, and in particular the essential tasks. The rates of pay applicable to a particular job are generally based on the skills and knowledge required in the job description. Descriptions of these skills and knowledge should also play a central role in decisions to promote employees to higher-skilled and better-paid positions. The essential duties of the job are the basic responsibilities of a job that must be fulfilled to fill the position.
For example, an essential function for a truck driver is the ability to drive trucks. Yes, it is possible. Essential job functions are a key factor in the Americans with Disabilities Act (ADA). Employers should provide reasonable accommodation for employees who need it to perform the essential functions of their work. If an employee cannot perform the essential functions of their job with or without accommodation, they are not qualified for the job. Employers who fail to provide reasonable accommodation to an employee who needs it, or employers who disqualify a candidate for a position that is not truly an essential function, are subject to sanctions or other measures by the Equal Employment Opportunity Commission (EEOC), which is responsible for enforcing the ADA. The court ruled that the worker was not a “qualified person” because she was unable to meet a valid safety requirement. This case highlights the need for up-to-date and comprehensive job descriptions with a thorough discussion of the essential duties, including valid safety requirements, necessary to perform the job safely. (3) a list of the main essential duties or duties of the position; and (4) work-related information, such as required hours of work, physical demands, and general working conditions (e.g., hot/cold and indoor/outdoor work environment or travel requirements). In-depth job descriptions also include “non-essential functions”.
Job core functions are essential elements of a number of HR processes, including hiring, compensation, and the accommodation and interactive process.