The Americans with Disabilities Act (ADA) defends the right of employees with physical and mental impairments to earn a living using their unique skills and talents.
Thanks to the ADA, individuals can’t be shut out of employment simply because of a medical condition. Moreover, the ADA grants qualified individuals the right to reasonable accommodations that help them successfully overcome their limitations and fulfill their responsibilities.
However, these protections only apply if someone can perform the essential duties and responsibilities of the job. For employees with disabilities, understanding the definition of essential job functions under the ADA is crucial for protecting your rights.
In this blog post, our experienced federal reasonable accommodation lawyers will explain what employees should know about ADA essential functions and employment rights.
For assistance, please contact us online or call (800) 801-0598 today.
The Purpose of ADA Essential Functions
The ADA considers an individual job’s “essential functions” when deciding whether an employee or job candidate qualifies for disability protections. The goal of the ADA is to protect individuals with disabilities from discrimination in the workplace. However, the law does not force employers to hire employees who cannot perform the job responsibilities.
To be eligible for ADA’s protections, an individual with a disability must be “qualified.”
This means they:
- Meet an employer’s requirements for educational background, job experience, skills, and licenses; and
- Can perform the essential functions of the job, with or without a reasonable accommodation.
Notably, an individual with a disability does not have to be able to perform any non-essential job duties to be considered “qualified” for a role under the ADA. However, if someone can’t perform one or more essential job duties, even with a reasonable accommodation, they’re not entitled to ADA protections—at least, not for that position.
Although the ADA applies to private-sector workers, federal employees with disabilities follow the same rules. Disability discrimination protections for federal employees come from the Rehabilitation Act of 1973, which the ADA is based on.
What Determines Essential Functions of the Job
The essential functions of a job are the fundamental duties that an employee must perform. These fundamental duties vary, depending on the position.
Many employers are proactive and label job functions as “essential” or “non-essential” in a job description. However, the law doesn’t give employers total control in determining what job duties are essential. Instead, the ADA considers numerous factors when evaluating essential versus nonessential functions.
These include:
- An employer’s judgment about which duties are essential,
- Job descriptions written before the position was advertised,
- Experience of other employees who currently occupy the position,
- Experience of employees who occupied the position in the past,
- Experience of employees who occupy similar positions,
- Amount of time spent performing the function,
- Consequences of not performing the function,
- Whether other employees can fulfill the function,
- Expertise or skill required to perform the function, and
- Terms of a collective bargaining agreement.
Any combination of these factors can determine a position’s essential job functions under the ADA. Each of these factors may also have a different degree of importance, depending on the job responsibilities and the nature of an individual’s limitations.
Essential Job Functions Examples
Let’s walk through some sample essential job functions with examples of positions where they may be fundamental.
Operating a Vehicle
Driving motor vehicles is a common expectation in many job roles. However, specific roles require it, such as parcel delivery driver or post office mail carrier. In these situations, the job only exists to perform the function, e.g., driving goods to deliver.
Administering Medication
Safely distributing pharmaceutical treatments requires medical knowledge and training in how to administer drugs properly, e.g., via injection, nasally, and intravenously. Nurses, nursing assistants, pharmacists, and other professionals must be able to use their specialized knowledge to administer medications physically. Another healthcare employee without clinical training can’t safely perform this task.
Speaking on the Phone
This is the primary function for many customer service or technical support positions, which involve a significant amount of time talking to clients who call in with questions, complaints, or requests for assistance. Speaking on the phone is also an essential function for other administrative positions where communication by phone is a key part of coordinating with other employees or relaying information.
Keep in mind that duties that are essential in one position may be marginal in another. For example, an IT support specialist might occasionally travel by car to off-site locations to set up hardware or provide detailed assistance. However, if most of their duties occur in the office, driving a vehicle is not an essential part of the job.
Proud Advocates for Federal Employees
Understanding your rights under federal disability law can be challenging. However, you don’t have to navigate these questions alone. If you’re concerned about your right to request disability accommodations, contact Pines Federal Employment Attorneys for support.
For the past two decades, our dedicated employment lawyers have served federal employees facing a variety of workplace disputes. With over 60 years of combined experience, we know the ins and outs of the law and the particular challenges federal workers face in exercising their rights.
Contact our office online or call (800) 801-0598 today to learn more about how we can help.