Essential job functions

blw

We have job descriptions for all our positions, and they are pretty good, but don't separate essential and non-essential job functions. Does anyone have a few standard (receptionist, acctng clerk, admin asst, controller, HR director, etc) with essential functions separated that they would be willing to share?

Don D

This may be my ignorance, but I've never seen job descriptions that designate essential and non-essential functions. To have such might unnecessarily paint you into a corner somewhere along the line too.

lnelson

I agree with Don D. I would not decipher between essential and non-essential function. If more than one person is going to be doing that particular function all of their job descriptions should state that. Even if they only do that function occassionally.

blw

I understand where you guys are coming from, but the ADA requires you to identify "essential" job functions.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 05-15-03 AT 03:40PM (CST)[/font][p]I respectfully disagree. ADA doesn't require written job descriptions, much less a breakdown of essentials and non-essentials, unless and until you are at the point of considering reasonable accomodation. They are highly suggested and recommended and we can much more easily nogotiate the ADA/comp minefield when we DO have written job descriptions; however, the act doesn't require that we publish job descriptions.

It is my experience that we need the flexibility as employers to determine the essential job functions as situations arise, not be locked into a specific set of them. In situations involving return to work and reasonable accomodation, they are invaluable; but not required before the fact.

If I'm wrong here, dunk me three times.

Hatchetman

Fistly, EEOC doesn't require written job descriptions, even for ADA purposes.

But they are good thing to have rather than not have. Written job descriptions established BEFORE an employee was appointed to the job (while it is vacant) have a great weight in EEOC's assessment when function issues arise in an ADA dispute. Job descriptions that are developed AFTER an employee is appointed to the job should be developed with the employee's input since EEOC considers that the employee knows what he or she does or does not do on the job, etc.

Identifying essential and non-essential or marginal job duties is strongly recommended if an employer is going to have written job descriptons.

In developing a job description that separates essential and non-essential functions there is no simple test. There are several factors that help indicate wheter a function is essential or not. If removing a function would fundamentally change the job, then it is most likely the function is essential.

The EEOC ADA regulation at 29CFR1630.2(n)gives the following criteria:

"Essential functions:

(1) In general. The term essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. The term "essential functions" does not include the marginal functions of the position.

(2) A job function may be considered essential for any of several reasons, including but not limited to the following:

(i) The function may be essential because the reason the position exists is to perform that function;
(ii) The function may be essential because of the limited number of
employees available among whom the performance of that job function can
be distributed; and/or
(iii) The function may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function.

(3) Evidence of whether a particular function is essential includes, but is not limited to:
(i) The employer's judgment as to which functions are essential;
(ii) Written job descriptions prepared before advertising or interviewing applicants for the job;
(iii) The amount of time spent on the job performing the function;
(iv) The consequences of not requiring the incumbent to perform the
function;
(v) The terms of a collective bargaining agreement;
(vi) The work experience of past incumbents in the job; and/or
(vii) The current work experience of incumbents in similar jobs."

Time spent performing a function in comparison to the other functionsmay also be an indicator of the essential aspect of a function.

Margaret Morford

I would be glad to furnish you with some job descriptions that contain the physical requirements for several office jobs. I recommend that you include the physical requirements in your job descriptions because this is usually where an ADA claim comes from. I divide job descriptions into three sections - Educational Requirements and Technical Skills, Job Duties and Physical Requirements. For office jobs, you want to include visual accuity to read a computer screen, ability to sit for long periods of time and concentrate, etc.

If you will e-mail me and tell me which ones would help you most, I'll send you a few to get you started.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Don D

In clarification of my last post and in deference to Hatchetman's usual fine lesson, I only intended to make it clear that NO regulatory body, agency or law makes them mandatory, as I felt was implied in another post. Of course those of us who are operating wisely do so; but, not to follow a government decree, nor to satisfy an EEOC investigator. As with any policy, procedure, precedent, work rule or other text we write; the tighter the corner we paint for ourselves the smaller the area of maneuverability when the need arises. If your essential functions are so strictly defined that you have no wiggle room, then don't expect wiggle room.

cthr

We cover so called non essential duties with the bullet point-Other duties as assigned.

blw

I've been out of the office. I knew that written job descriptions weren't required, but I did think you had to be able to identify essential vs. non-essential. Thanks for the helpful info.

Hatchetman

blw, the reason you need to be able to identify essential and non-essntial at some time would be for at least ADA purposes. If ever there is a request for reasonalbe accommodation, you would have to know what functions may have to be accommodated but still done (essential) and what other functions could be eliminated (non-essential). Also, in developing interview questions for candidates and in rating employees, certainly more weight should be given to the essential functions of the job than to the non-essential functions.

LindaS

Our job descriptions deal with essential and marginal job duties. Marginal duties are those that an employee may be required to do on an occasional basis. We also include the physical requirements, educational requirements and the statement that the description is not all-inclusive and the job may require other duties as deemed necessary by the supervisor.

On another note, the HR Director at my former employer informed me that companies were "getting away from" written job descriptions as HR people felt they were too "restricting". Needless to say there weren't ANY at this company (500+ employees)!!! I also figured out he was just blowing smoke and was using this as an excuse to NOT have to do them!