1. www.hrgazette.com Mary E. Wright, Editor
What is an
“Essential Job Function?”
(under workplace disability laws)
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2. What laws establish the
definition of “essential job
functions?” • The Federal American’s
with Disabilities Act
(“ADA”)
• The California Fair
Employment & Housing Act
(“FEHA”)
www.hrgazette.com Mary E. Wright, Editor

3. • The ADA and the FEHA
What do the laws require?
both:
– Prohibit workplace disability
discrimination.
www.hrgazette.com Mary E. Wright, Editor

4. • The ADA and the FEHA
What do the laws require?
both:
– Prohibit workplace disability
discrimination.
– Require employer to engage
in the “interactive process”
with each disabled
employee.
www.hrgazette.com Mary E. Wright, Editor

5. • The ADA and the FEHA
What do the laws require?
both:
– Prohibit workplace disability
discrimination.
– Require employer to engage
in the “interactive process”
with each disabled
employee.
– Require “reasonable
accommodation” of a
disabled employee.
www.hrgazette.com Mary E. Wright, Editor

6. An employee is covered by
What do the laws require?
the ADA and the FEHA if he
or she can:
– perform the “essential
functions” of the job
– with or without reasonable
accommodation.
This slide deck defines the
“essential functions” of a job.
www.hrgazette.com Mary E. Wright, Editor

7. • Employers must define the
What do the laws require?
term “essential job
functions” to:
– Prepare job descriptions;
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8. • Employers must define the
What do the laws require?
term “essential job
functions” to:
– Prepare job descriptions;
– Handle requests for
accommodation;
www.hrgazette.com Mary E. Wright, Editor

9. • Employers must define the
What do the laws require?
term “essential job
functions” to:
– Prepare job descriptions;
– Handle requests for
accommodation;
• Determine if accommodation is
needed;
www.hrgazette.com Mary E. Wright, Editor

10. • Employers must define the
What do the laws require?
term “essential job
functions” to:
– Prepare job descriptions;
– Handle requests for
accommodation;
• Determine if accommodation is
needed;
• Interact with the employee to
find the best accommodation by
– Job Modification or
– Transfer
www.hrgazette.com Mary E. Wright, Editor

11. • An “essential function” of
The definition of the job is a fundamental
“essential job functions.”
duty of the position that an
applicant or employee
holds or desires to hold. A
job function may be
considered essential:
– If the reason the position
exists is to perform that
function.
www.hrgazette.com Mary E. Wright, Editor

12. • A job function may be
The definition of
“essential job functions.”
considered essential:
– Because of the limited
number of employees
available among whom the
performance of that job
function can be distributed.
www.hrgazette.com Mary E. Wright, Editor

13. • A job function may be
The definition of
“essential job functions.”
considered essential:
– The task or duty is so highly
specialized, that the
incumbent or candidate is
hired for his or her expertise
or ability to perform the
particular task or duty.
www.hrgazette.com Mary E. Wright, Editor

14. • Evidence of whether a
The definition of
“essential job functions.”
particular function
is essential includes, the
following:
– The employer's judgment.
– Accurate, current written job
descriptions.
– Time spent performing the
function.
www.hrgazette.com Mary E. Wright, Editor

15. – The consequences of not
The definition of requiring performance of
“essential job functions.” the function.
– It is described in a Collective
bargaining agreement.
– Past incumbents perform
the duty.
– Current incumbents perform
the duty.
– Reference to the importance
of the job function in prior
performance reviews.
www.hrgazette.com Mary E. Wright, Editor

16. The definition of
“essential job functions.” • “Essential functions” do
not include the marginal
functions of the position.
www.hrgazette.com Mary E. Wright, Editor

17. • “Marginal functions” are
The definition of
“essential job functions.”
those that:
– if not performed, would not
eliminate the need for the
job or
– could be readily performed
by another employee or
– could be performed in an
alternative way.
www.hrgazette.com Mary E. Wright, Editor

18. • “Marginal functions” are
The definition of
“essential job functions.”
those that:
– if not performed, would not
eliminate the need for the
job or
– could be readily performed
by another employee or
– could be performed in an
alternative way.
www.hrgazette.com Mary E. Wright, Editor

19. • Duty must in fact be
The definition of
“essential job functions.”
essential.
Holly v. Clairson Industries,
492 F.3d 1247 (11th Cir. 2007).
– Employees worked an
assembly line.
– Late arrival would stop line.
– Employer had written
punctuality requirement.
– Employee did not work on
assembly line.
– Employee allowed to
maintain discrimination suit.
www.hrgazette.com Mary E. Wright, Editor

20. • Analyze each function to
Employer Take-Aways
confirm that it is actually
essential to the job in
question as performed in
the workplace.
• Regularly review job
descriptions to ensure a
match between the
descriptions and the
essential functions.
www.hrgazette.com Mary E. Wright, Editor

21. www.hrgazette.com Mary E. Wright, Editor
Of course, nothing in California is that easy.
there are all sorts of factual twists that can
change the way this material applies in
Your particular situation.
Send questions or comments to:
Mary Wright, Editor, HR Gazette
Your personal shopper for HR news!

22. www.hrgazette.com Mary E. Wright, Editor
Ubiquitous Disclaimer
HR Gazette does not provide legal advice.
The content of this slide deck is for
informational purposes only. Before using
this information – or any information you
get over the Internet – consult your lawyer.
Nothing takes the place of advice from a
lawyer who knows you and your business,
and who understands the laws of the state
in which your business is located.
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