1 Essential Functions John Patrick Evans, Certified Rehabilitation Counselor – Corporate Consultant Washington State Department Social and Health Services Division of Vocational Rehabilitation 2003 Essential Functions John Patrick Evans, Certified Rehabilitation Counselor – Corporate Consultant Washington State Department Social and Health Services Division of Vocational Rehabilitation 2003

2 Essential Functions Essential Functions The term “essential functions” means the fundamental job duties of the employment position the employee holds or desires. The term “essential functions” means the fundamental job duties of the employment position the employee holds or desires. The term does not include “marginal” functions of the position.

3 Essential Functions Essential Functions While the ADA does not tell employers what jobs to have or how to define them, it does mandate that for an individual with a disability, the person’s ability to do the job be measured by analyzing the essential job functions. While the ADA does not tell employers what jobs to have or how to define them, it does mandate that for an individual with a disability, the person’s ability to do the job be measured by analyzing the essential job functions.

4 Essential Functions Essential Functions Essential vs Marginal Functions Essential vs Marginal Functions All jobs have essential and marginal functions.All jobs have essential and marginal functions. Personnel decisions must be based on the performance of essential job functions.Personnel decisions must be based on the performance of essential job functions. Personnel decisions should not be based on the person’s inability to do a marginal function.Personnel decisions should not be based on the person’s inability to do a marginal function.

5 Essential Functions Essential Functions Identifying Essential Functions Is Crucial To: Identifying Essential Functions Is Crucial To: Development of accurate and objective job descriptions.Development of accurate and objective job descriptions. Developing appropriate interview questions.Developing appropriate interview questions. Determining whether a candidate or employee can perform each function, and with what degree of competence.Determining whether a candidate or employee can perform each function, and with what degree of competence. Determining whether or not, and to what extent, specific job accommodations can be made for a particular individual.Determining whether or not, and to what extent, specific job accommodations can be made for a particular individual.

6 Essential Functions Essential Functions Essential Functions tend to be: Critical Critical Necessary Necessary Fundamental Fundamental Integral Integral Crucial Crucial Imperative Imperative Indispensable Indispensable

7 Essential Functions Essential Functions Marginal Functions tend to be: Minimal Minimal Borderline Borderline Passable Passable Extra Extra Incidental Incidental Peripheral Peripheral Accessory Accessory

8 Essential Functions Essential Functions An “Essential Function Analysis” focuses on the job tasks or duties actually being performed by the employee whereas a “Job Analysis” focuses on the site, environment, equipment or tools the employee uses to accomplish the tasks or duties.

9 Essential Functions Essential Functions In identifying an essential function the employer should focus on the purpose of the function and the result to be accomplished, rather than the manner in which the function presently is performed. In identifying an essential function the employer should focus on the purpose of the function and the result to be accomplished, rather than the manner in which the function presently is performed.

10 Essential Functions Essential Functions The Essential Function Analysis may contain information on the manner in which a job currently is performed, but should not conclude that ability to perform the job in that manner is an essential function, unless there is no other way to perform the function without causing undue hardship.

11 Essential Functions Essential Functions An Essential Function Analysis should identify specific tasks and major responsibilities. An Essential Function Analysis should identify specific tasks and major responsibilities. What are the tasks you will hold the employee responsible for?What are the tasks you will hold the employee responsible for? What does the employee actually do to carry out the tasks?What does the employee actually do to carry out the tasks?

12 Essential Function Essential Function The Essential Function Analysis should help to: The Essential Function Analysis should help to: Determine if employee in the position is actually required to perform the function consistently.Determine if employee in the position is actually required to perform the function consistently. Determine whether removing the function would fundamentally alter the nature of the position.Determine whether removing the function would fundamentally alter the nature of the position.

13 Essential Function Essential Function Concentrate on only those tasks that will carry out key responsibilities. Do not include tasks which would be helpful, but not essential, if the employee could carry out.Do not include tasks which would be helpful, but not essential, if the employee could carry out. Do not include tasks which the employee has done once and will never do again.Do not include tasks which the employee has done once and will never do again. Do not include a “wish list” of future tasks.Do not include a “wish list” of future tasks.

14 Essential Functions Essential Functions Criteria Used As Evidence of Essential Functions: Criteria Used As Evidence of Essential Functions: Employers judgment when it is possible to substantiate the reasons for making a function essential to the job.Employers judgment when it is possible to substantiate the reasons for making a function essential to the job. Essential functions identified in advance and whereas the employee is actually performing the function.Essential functions identified in advance and whereas the employee is actually performing the function.

15 Essential Functions Essential Functions Criteria Used As Evidence of Essential Functions: Criteria Used As Evidence of Essential Functions: The work experience of incumbents in similar jobsThe work experience of incumbents in similar jobs The work experience of past employees in the jobThe work experience of past employees in the job Information included in the job description when prepared prior to advertising or interviewingInformation included in the job description when prepared prior to advertising or interviewing

16 Essential Functions Essential Functions Criteria Used As Evidence of Essential Functions: Criteria Used As Evidence of Essential Functions: The amount of time spent performing the functionThe amount of time spent performing the function The consequences of not requiring a person in a position to perform a functionThe consequences of not requiring a person in a position to perform a function Terms of a collective bargaining agreement (CBA)Terms of a collective bargaining agreement (CBA) Nature of work operation and organizational structureNature of work operation and organizational structure

17 Essential Functions Essential Functions Changing Essential Job Functions Employer’s are not limited in their ability to establish or change the nature or functions of a position.Employer’s are not limited in their ability to establish or change the nature or functions of a position. The ADA requires that, for an individual with a disability, qualifications for a job be evaluated in relation to the positions present essential job functions.The ADA requires that, for an individual with a disability, qualifications for a job be evaluated in relation to the positions present essential job functions.

18 Essential Functions Essential Functions Changing Essential Job Functions Changing Essential Job Functions When a position is first established.When a position is first established. While the position is vacant.While the position is vacant. “Collaboratively” during the employees Annual Evaluation.“Collaboratively” during the employees Annual Evaluation. Periodically by updating employee’s job description.Periodically by updating employee’s job description.