Accommodations: Use the courts’ simple factors to decide if a job function is really essential — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Accommodations: Use the courts’ simple factors to decide if a job function is really essential

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in Human Resources

It’s up to employers to determine which job functions are essential and which are not. When a disabled employee challenges an employer’s list of essential functions, courts generally won’t second-guess the employer if the list of functions passes muster against a few simple guidelines.

When deciding whether job functions are essential, courts consider:

  • The employer’s judgment of what is essential
  • The written job description, especially if it was prepared before the job was advertised and before candidates were considered
  • The actual amount of time employees spend performing the job function
  • The consequences if the employee doesn’t perform the function
  • Whether a collective-bargaining agreement (if one is in effect) addresses the function
  • What past employees holding the job have done
  • What other employees in similar jobs do.

The more your list of functions aligns with those factors, t...(register to read more)

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