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Home > Employees > Reasonable Accommodation > Essential Functions
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Essential Functions
Why identify essential functions?
Determining essential functions is important because Washington State Law and Federal Law protect individuals with disabilities who are qualified - meaning that they possess the requisite skill, experience, education, and other job-related requirements of a position and can perform the essential functions of the job with or without a reasonable accommodation.1 Also, identifying essential functions help set expectations and define a job. Thus, identifying essential functions from the onset is critical to avoid inconsistent or unfair hiring decisions and to ensure that each incumbent or employee is treated equally and understands the job and expectations.
What is an essential function?
Essential functions are the fundamental job duties performed in a position. The term “essential functions” does not include the marginal functions of the position. A function may be essential because:
- The position exists to perform that function.
- There are a limited number of employees available who could perform that function.
- The function is highly specialized.2
For example: an essential function of a Data Entry Clerk might be the ability to accurately enter information into a computer, while that ability may only be a marginal function for an Agency Director.
When does the law require that essential functions be identified? Essential functions MUST be identified when a reasonable accommodation is being considered or in any situation in connection therewith.
For Example: an employee has requested a reasonable accommodation; during a reallocation process, the essential functions must be identified because that employee has previously requested a reasonable accommodation.
When should essential functions be identified?
Identifying essential functions is an integral part of the employment process. Finding the best candidate for the position, ensuring equal treatment and quality performance are all goals that essential functions help to accomplish. Accordingly, essential functions should be identified:
- When a position is established
- While a position is vacant
- Prior to interviewing
- Prior to any conditional offer medical examinations
How do I determine essential functions?
It is absolutely critical to first determine whether something is really a function or whether it is simply a way of performing a function. An essential function is what the completed task is, not how that task is completed. As such, results oriented language should be used as much as possible; an essential function may be for an employee to relocate (as opposed to lift) 50 lb. boxes.
It is also imperative that the employee actually perform the particular function for it to be considered ‘essential.’ Once it is determined that the employee actually performs the function, the job analysis should examine whether removing the function would fundamentally alter the position; if the above are satisfied the function is likely essential.
Factors that are relevant in determining essential functions are:
Employer’s Judgment
An employer’s judgments as to which functions are essential is important evidence; however it should not be the only evidence or prevailing evidence. Rather, the employer’s judgment is a factor to be considered along with other relevant evidence.3
For example, Courts strictly analyze whether the employer actually requires all employees in a particular position to perform the allegedly essential functions.4
Consideration of other evidence to determine which functions are essential does not mean that an employer will be second-guessed on the production standards, setting quality or quantity of work that must be performed by a person holding the job, or be required to set lower standards for the job.5
Written Job Description (prepared before advertising or interviewing for the job)
The description of the job or position, based on job analysis, is also critical information.
A major life activity is never an essential function. For example, it is important to note that lifting requirements have been subject to scrutiny even where they have been in a job description. In one instance, the job description was “conspicuously” silent on whether the job involved actual lifting of specific items, such as batteries or tires weighing 50 pounds or more.6 Further, a court “declined to apply conclusive effect to the job description in determining whether heavy lifting was essential to a nurse’s job."7
A job description must accurately identify and clearly describe functions that the employee is actually required to perform. An inaccurate or incomplete job description can be detrimental to an employer. Typically, employers may not claim functions as essential when they are absent from a job description.
Amount of Time Spent Performing the Function
While the amount of time spent performing a particular function is clearly relevant to determine whether or not it is essential for purposes of the ADA and WLAD, there are circumstances under which a function must be deemed essential regardless of the fact that it may be performed infrequently or have little time spent on it.
For example, a clerical worker may spend only a few minutes a day answering telephones, but this could be an essential function of the position if no one else is available to answer the phones at that time, and business calls would otherwise go unanswered.8
The Consequences of not Requiring Someone to Perform that FunctionEvidence whether a particular function is essential includes the consequences of not requiring the incumbent of the position to perform the function.9 Although an airline pilot may spend only a few minutes of a flight landing an airplane, or a firefighter may only occasionally have to carry a heavy person from a burning building, these are essential functions of their jobs because of the very serious consequences emanating from the inability of employees to perform them.10
A Collective Bargaining Agreement’s TermsThe terms of a collective bargaining agreement are relevant to determining the essential functions of a position.11
Work Experience of People who have Performed the Job and the Experience of People Currently Performing the Job.
Given that past and current incumbents have actually performed the duties might be evidence indicating whether a particular job function is essential.12
What criteria should be used to differentiate between marginal and essential functions?
Marginal Functions are those that are: passable, peripheral, minimal, extra, accessory, borderline, incidental, non-essential.
Essential Functions are those that are: Critical, integral, indispensable, necessary, crucial, primary, fundamental, and imperative.
Questions which are helpful to ask:
- What is the purpose of the task?
- How is it performed?
- Are there other methods of performing the task?
- How much time does the task take?
- Why is the task performed?
- Where is the task performed? Could it be performed in an employee's home?
- How is success in accomplishing the task measured?
- What happens if the task is done correctly?
Should I use percentages to determine essential functions? Generally, it’s probably not ‘good’ practice to use percentages to allocate essential functions because, as discussed above, the amount of time spent performing a function is not always indicative of whether or not a function is ‘essential.’
What are some issues that frequently occur with regard to essential functions?
- Attendance
- Scheduled Time
- Overtime/ability to work prescribed number of hours
- Acceptance of Supervision
- Ability to get along with others in the workplace
These are very fact-specific inquiries. For further discussion, please contact your Agency Reasonable Accommodation or ADA Specialist.
Can an employer demote, terminate, or refuse to hire an individual based on its belief that, because of a medical condition, the individual may not be able to perform the job in the future?
No. Employment decisions must be based on the person’s ability to currently perform the job, not whether the person might be unable to perform the job at some point in the future.13
Are employers required to create a new position, to alter the fundamental nature of the job, or to eliminate or redesign essential job functions?
No, an employer never has to reallocate essential functions to another employee as a reasonable accommodation. An essential function does not become marginal because others are available to perform that function, however there are exceptions. For example, if there are three telephone operators, and answering the phone is 10% of their duties, an employer would still need to hire a deaf person as a telephone operator because even though it is essential that the telephone is answered, it might still be only an individually marginal function. Alternatively, an employer may have numerous people performing the same function because it is essential for many workers to individually perform that function.14
Can an employer require basic licenses or certifications?
Yes, however the license or certification must be job-related and a business necessity.15
Can an employer use qualification standards that may screen out an individual because of their disability?
If an employer uses qualification standards that tend to screen out an individual because of their disability, they must be job-related and consistent with business necessity. Further, an employer must show that the requirement is consistently enforced, not merely selectively.
For example, if the position exists for an incumbent to drive a grocery store delivery truck, when hiring or retaining an employee in the position, an employer would not be expected to select an individual who could not see. The ability to see, in this instance, would be directly connected to the ability to perform the task or responsibility of transporting and delivering the groceries. | |