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Essential Functions vs Tasks in Job Description
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Essential Functions vs Tasks in Job Description
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How can I explain to managers how to identify the essential functions of positions as opposed to tasks so that they can avoid discriminating against applicants with disabilities who might have do perf
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Forums » Topic Forums » Legal Forum » Essential Functions vs Tasks in Job Description
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Essential Functions vs Tasks in Job Description
posted at 6/16/1999 3:09 AM EDT
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Posts: 11
First: 6/16/1999 Last: 12/12/2000 |
How can I explain to managers how to identify the essential functions of positions as opposed to tasks so that they can avoid discriminating against applicants with disabilities who might have do perform the tasks and functions differently? Are there any good examples? |
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Essential Functions vs Tasks in Job Description
posted at 6/16/1999 3:48 AM EDT
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Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
I believe EEOC Technical Assistance Manual on ADA provides some guidelines. A good book or manual on classifications will all provide some guidance. The "Dictionary of Occupational Titles" may provide some guide. I don't believe that there is any one set definition except a tautological one such as "Essential functions are those functions that make a job that particular job and not another one (i.e., removing the essential function itself would make the job another job; or that these functions MUST be performed in one way or another). How an essential functions are determined usually is by a job analysis of some kind. In considering whether a function is essential or not is to see if the current employees are doing it or not. If they aren't, even though the job description may indicate it is a function, then you can't even argue that let alone it is essential. An example would be shorthand for secretaries. How many of your executives or managers still require their secretaries to take shorthand? Another consideration is whether removing a function would funadmentally change the job. Another indicator is the amount of time spent doing the function and the consequences of not requiring the incumbant to perform it. Look at the purpose of the job and the importance of the function in achieving the purpose and the results or outcome of the function. Legal or contratual requirements als also indicators of wheter a function is essential or not. These are some of the factors. It is essentially up to each employer to decide and to justify. I suggest that if you have employees in the job already that you get their input in identifying the essential functions.
Remember HOW functions get done is what ADA would consider to be the reasonable accommodations; the method of performing the function is not usually considered an essential function. |
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Essential Functions vs Tasks in Job Description
posted at 6/16/1999 5:59 PM EDT
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Posts: 38
First: 6/9/1999 Last: 10/26/2004 |
Well, I think Jim's and "Hatchman's" answers are great. The ADA gives the employer pretty broad discretion to determine the essential functions of the position. A receptionist's "essential functions" could be answering the phone, taking messages, transfering calls, greating and screening visitors and so on. Non-essential functions might be all the other stuff a receptionist might do (i.e., he might do some typing of filing to fill in the time).
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Essential Functions vs Tasks in Job Description
posted at 6/16/1999 10:48 PM EDT
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Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
Equal Employment Opportunity Commission does the TA Manuals for Title I of ADA - Employment. You can download off its website at www.eeoc.gov
Title III (Private Accommodations) TA Manual are with the Department of Justice website...www.doj.gov. Title II (Local and State Governments) Manual is also there. |
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