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What is an "Essential Job Function" (under workplace disability laws)
 

What is an "Essential Job Function" (under workplace disability laws)

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    What is an "Essential Job Function" (under workplace disability laws) What is an "Essential Job Function" (under workplace disability laws) Presentation Transcript

    • www.hrgazette.com Mary E. Wright, Editor What is an “Essential Job Function?” (under workplace disability laws) Your personal shopper for HR news!
    • 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
    • • The ADA and the FEHA What do the laws require? both: – Prohibit workplace disability discrimination.www.hrgazette.com Mary E. Wright, Editor
    • • 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
    • • 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
    • 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
    • • Employers must define the What do the laws require? term “essential job functions” to: – Prepare job descriptions;www.hrgazette.com Mary E. Wright, Editor
    • • 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
    • • 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
    • • 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 – Transferwww.hrgazette.com Mary E. Wright, Editor
    • • 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
    • • 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
    • • 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
    • • Evidence of whether a The definition of “essential job functions.” particular function is essential includes, the following: – The employers judgment. – Accurate, current written job descriptions. – Time spent performing the function.www.hrgazette.com Mary E. Wright, Editor
    • – 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
    • The definition of “essential job functions.” • “Essential functions” do not include the marginal functions of the position.www.hrgazette.com Mary E. Wright, Editor
    • • “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
    • • “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
    • • 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
    • • 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
    • 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!
    • 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. Your personal shopper for HR news!