Conceptually, “essential functions” seems easy enough, but it’s tricky when you get down to specifics. And there are common mistakes that are easily avoided.
Here are some “essential” guidelines, courtesy of attorney Natividad Valdez of the Washington State Department of Personnel.
Why Are Essential Functions So Important?
From a human resources standpoint, identifying essential functions helps in three broad ways:
- Finding the best candidate for a position—what will you look for if you don’t know what the essential functions of the job are?
- Ensuring equal treatment of applicants—by ensuring that interviewers and hiring managers focus on qualifications.
- Managing requests for accommodation—to comply with the Americans with Disabilities Act.
Most Common Mistake—Function vs. Method
One common mistake in identifying essential functions is confusing method with function, Valdez says. “An essential function is what the completed task is, not how that task is completed.” Use results-oriented language wherever possible to avoid this problem, she says.
For example, don’t say employees have “to lift 50-pound boxes” when the actual task is “to relocate 50-pound boxes.” And don’t say employees have to “walk” from one place to another when the actual requirement is to “move” from one station to another.
The second common mistake is to rely on assumptions about what the employee does in the job. “It is imperative that the employee actually perform the particular function for it to be considered essential,” Valdez says.
Therefore, don’t rely on job titles or traditional roles for jobs. Find out what the person on the job actually does.
A third common mistake is to use percentages to determine essential functions. Generally, says Valdez, that’s probably not good practice because the amount of time spent performing a function is not always indicative of whether or not a function is “essential.”
So what criteria do you use? Typically, a number of factors are used to determine essential functions, says Valdez. No one factor is necessarily determinative. Here are the main considerations:
More than 2,400 prewritten job descriptions available 24/7. We store them; you customize, print, download, and e-mail. Find out more.
Employer’s Judgment
An employer’s judgment as to which functions are essential is important evidence; however, it is not the only evidence or prevailing evidence. Rather, the employer’s judgment is a factor to be considered along with other relevant evidence.
The employer’s judgment can be quickly discounted if, for example, a court finds that the employer doesn’t actually require all employees in a particular position to perform an allegedly essential function.
Typically, however, the employer will not be second-guessed on production quality or quantity standards that must be met by a person holding the job, nor will the employer be required to set lower standards for the job.
Written Job Description
The written description of the job or position, based on job analysis, is also critical information. Note that the job description should be prepared before advertising or interviewing for the job. Job descriptions prepared after hire, or after a suit is filed, will be suspect, at best.
A job description must accurately identify and clearly describe the functions that the employee is actually required to perform. An inaccurate or incomplete job description can be detrimental in court.
Typically, employers may not claim functions as essential when they are not on a job description, Valdez notes.
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, 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.
The Consequences of Not Performing the Function
Another factor for determining whether a particular function is essential is the consequences of not requiring the incumbent of the position to perform the function.
For example, 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.
Easily customize (or create), maintain, and organize your job descriptions with this online tool. Job descriptions have never been this easy. Find out more.
A Collective Bargaining Agreement’s Terms
The terms of a collective bargaining agreement may be relevant to determining the essential functions of a position, Valdez notes.
On-the-Job Experience
Another factor can be the work experience of people who have performed the job or are performing it. Given that past and current incumbents have actually performed the duties, their opinions should be an important indicator about whether a particular job function is essential.
In tomorrow’s Advisor, we’ll cover more of Valdez’ tips for determining essential functions, and look at an innovative approach to job descriptions.
Other Recent Articles on Job Descriptions
‘Other Duties as Assigned’ Won’t Cut It in 2009
Non-Prejudicial Language for ADA Job Descriptions
8 Do’s and Don’ts for Job Descriptions in ‘09
Can Job Descriptions Prevent Lawsuits?