Excerpted from Arizona Employment Law Letter; written by the law firm of Lewis and Roca LLP
Q: To be covered under the ADA, an employee must be able to perform her "essential job functions" with or without a reasonable accommodation. Similarly, you must provide an accommodation if it''ll allow her to perform her essential job functions. How do you determine which job functions are "essential"?
A: Essential functions are the basic job duties that form the core of the position - the duties that are central to performing the most basic function of the job. You should go through a very fact-intensive analysis for each job in the context of the particular work at hand.
For example, for a delivery driver, the ability to drive is probably an essential function. But depending on the specific role that drivers play in the particular employer''s workforce, the ability to lift, drive certain types of vehicles, or be on time may not be essential functions.
Here''s another example: Typing might be an essential job function for secretaries if they''re responsible for inputting data in a computer system and hired to spend a lot of their time doing that. But if secretaries in your workforce spend most of their time filing and that''s basically why you "need" them, typing or answering the phone may not be an essential function.
Here are some factors you should consider in analyzing whether a job function is "essential":
- What''s the reason that the job exists?
- Are lots of other employees able to perform the function?
- Does the job require specialized skill?
- In practical terms, how much time do employees in the particular job spend on the function?
- What if the employee couldn''t perform the function - would the basic nature of the job change or be omitted?
You should carefully examine each job in your workforce and determine which functions or tasks are essential and which aren''t. Consider documenting your evaluation of each job through the creation of written job descriptions. One of the best strategies is to have the incumbents in each job tell you what they do and how much time they spend in an ordinary week doing it. Given the complexities and ramifications involved, you should seek legal advice during the process.
If a discrimination charge or lawsuit is ever filed, your
precomplaint written decision about which functions are essential - and written job descriptions - will be important evidence of a job''s essential functions. Reevaluate job descriptions on a regular basis to make sure they stay accurate and don''t become outdated.
Copyright 2002 M. Lee Smith Publishers LLC. This Q&A is an excerpt from ARIZONA EMPLOYMENT LAW LETTER. ARIZONA EMPLOYMENT LAW LETTER should not be construed as legal advice or a legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only. Anyone needing specific legal advice should consult an attorney. For further information about the content of any article in this newsletter, please contact any of the editors.
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