In general, it is never too late to document essential job functions so long as the documentation reflects the actual essential job functions being performed. The EEOC guidance on COVID-19-related issues contains a number of FAQs that address employer requirements related to work-from-home accommodations post-pandemic. A key issue will be whether essential job functions can be successfully performed at home.
Resources
FAQ Fridays
Is it too late to document essential job functions that were temporarily waived over the last few years when we allowed employees to work from home? We did not previously have robust job description documentation, but we are concerned that not having these duties documented will create potential compliance issues when returning to the workplace and handling work-from-home accommodation requests.
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