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)