Essential functions are the core job duties for which an employee is hired and must be able to perform, with or without reasonable accommodation. Essential job functions assist an employer in determining if and how an accommodation could be granted. It is the employer’s responsibility to determine the essential functions of the job.
Considerations for determining if functions are essential to a job may include, but are not limited to:
- Evaluate the physical and cognitive skills required.
- Assess where and how the functions can be performed.
- Determine if there are production standards.
- Assess how much time is spent performing a function.
- Evaluate when in-person interaction may be required.
- Determine if travel is required.
- Assess the frequency of each requirement.
To reduce the risk of making an uninformed decision when an accommodation is requested, employers can:
- Proactively create and maintain job descriptions that accurately reflect the job.
- Establish a cadence to review and update job descriptions on a regular basis.
- Consult with Human Resources partners and legal counsel.
- Utilize available resources such as the Equal Employment Opportunity Commission’s (EEOC) ADA Responsibilities as an Employer resource page and the
- Job Accommodation Network’s Information by Role resource page.
This may mitigate the risk of complaints as well as EEOC charges and litigation.