Essential Job Functions

Essential job functions are those activities which are crucial to the performance of a particular position or job. More specifically, the position exists to perform that particular function and only employees with the appropriate skills, both physically and mentally, can perform these job functions.

Determining the essential functions of a job

Companies need to perform a job analysis for each position in their company. This exercise identifies the essential functions for the work needed to complete a specific job. This information should be included in the job description and can be used to identify the applicants who have the capabilities to perform the job. For example, if a company has a receptionist position the essential functions could include answering the phone, greeting clients, and escorting clients to employer offices.

Why are essential job functions important?

The American with Disabilities Act (ADA) prohibits discrimination against disabled workers. If a disabled applicant is physically and mentally able to perform a job, which means they have the necessary skills, experience, and education, and they can do the work with or without reasonable accommodation, the employer must consider them for employment regardless of their disability.

If, however, a company has clearly defined essential and nonessential work in a job's description and a disabled person cannot perform the essential functions even with a reasonable accommodation, then the employer is legally protected and the employee will not be able to file a job discrimination lawsuit against the employer. For instance, the law recognizes certain jobs are highly specialized and only a certain subset of workers will have the expertise to perform the job.

Filing a complaint for discrimination under ADA

Disabled workers, who believe they have been discriminated against due to their mental or physical disability, may file a complaint with the Disability Rights Section (DRS) in the Department of Justice. Processing and reviewing complaints can take up to three months. Complaints can be sent by fax, letter, or email.

Information sent to the Department of Justice should include your full name, address, and telephone numbers, a description of the discriminatory actions (including dates and times), relevant documents to bolster your case, and any other information needed to investigate your claim.

Penalties for discrimination under ADA

If the Justice Department files a discrimination lawsuit against an employer and wins their case the courts may levy civil penalties. Penalties are rare. In fact, the Justice Department will allow businesses to make substantial efforts to comply with the American with Disabilities Act. Only if the violations are substantial, the business has a history of hostile acts against people with disabilities, or the business continues to display sustained resistance to voluntary compliance does the Justice Department take serious action.