Core job functions define a role’s main duties and affect ADA coverage for workers with disabilities. Employers must set these functions clearly and offer reasonable accommodations without changing the position’s central requirements.
By Brad Nakase, Attorney
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The primary responsibilities of a position are known as essential job functions, and these are the skills a worker has to possess to be employed. When deciding whether a worker with a disability is covered according to the ADA (Americans with Disabilities Act), these factors are significant.
Regardless of a reasonable accommodation, an employee who is unable to execute the fundamental job functions is not deemed competent for the position and is not protected against discrimination.
Employers are not mandated to hire or keep someone who is unable to perform the essential duties of the job. This is irrespective of the ADA rule that protects workers from discrimination based on disability. Employees are classified as either ADA-protected or not based on the essential functions.
If an employee has a condition that prevents them from performing the fundamental work functions, they will not be successful in a disability discrimination claim against their company. However, if an operation is not actually necessary, the employer cannot reject a disabled worker or refuse to recruit them because they are unable to execute the function. It is legally prohibited from participating in the company’s decision-making procedure.
Consider the case of a nurse. Medication administration and patient health management constitute essential work duties. The healthcare facility is not obligated to retain a nurse in that position if they are unable to carry out those responsibilities, even with adjustments. Conversely, taking phone calls at the workstation for nurses could be useful but not necessary. If a person with a disability requires assistance with that secondary task, the hospital cannot decline to employ or retain them.
Essential functions are the core responsibilities of a position. If any one of the following applies to a work obligation, it is an essential function:
To carry out that function is the reason why the job exists. For instance, flying airplanes is one of a pilot’s primary responsibilities.
The function can only be carried out by a select few employees.
Due to the extreme specialization of the role, employers only hire individuals who are skilled in carrying out that duty.
1. Elements the EEOC Takes Into Account
The Equal Employment Opportunity Commission is a federal body responsible for enforcing the ADA and other discrimination laws. It considers the following elements when assessing whether a job task is essential:
The facts will determine how much weight each component is given. A security guard, for example, could hardly ever need to deploy a weapon. However, the duty is to protect valuables, so a security officer who couldn’t use a firearm when needed would be in danger (not to mention incompetent).
2. Examples of Non-essential Functions and Essential Functions
Consider a security officer whose primary duty is to keep a bank safe. Even though the guard may not need to pull out a firearm very often, there could be serious repercussions if they can’t. Being competent to carry and wield a firearm safely is regarded as an essential ability because the role exists to protect individuals and assets.
Compare that to a law firm receptionist. Greeting customers, taking phone calls, and scheduling may be the most important tasks. Although it may occasionally happen, carrying bulky office supply boxes is not the reason for the position.
Other than the reasonable accommodation would cause undue hardship, that is, a significant amount of distress or expense, an employer should provide reasonable accommodations that can assist an eligible worker with an impairment to perform the primary functions of their work.
Indicatively, an adjusted sitting arrangement in a classroom would assist an instructor who has arthritis and cannot stand on his feet during a long session. It will open an opportunity to carry out the necessary duties (teaching, classroom management, and grading).
There are some circumstances in which accommodations are not possible without completely removing the necessary function. Reassigning a delivery driver who is incapable of operating a vehicle, for example, would need a significant change in the nature of the work. In that scenario, the company is not obligated by law to keep the worker in that position.
Before advertising a position, it is necessary for companies to create precise job descriptions. These records frequently have weight in court cases involving essential functions.
Employers and employees both benefit from a clear description. It establishes expectations early on, enables candidates who are disabled to request modifications as necessary, and provides a point of reference for agencies or courts in the event of a dispute.
A job description, however, is not the last word. The EEOC and courts also consider the real-world experience of workers in the position. It won’t stand up if a description states that heavy lifting is necessary, but employees actually hardly ever move anything heavier than a document folder.
Think about having a conversation with an employment counsel to discuss your legal options in case of a request for an accommodation based on disability being rejected by your employer. A disability attorney will be able to take your case and give you some legal advice about your ADA rights.
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