Disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of the job they want or have. But, what is an essential function?
If a function isn’t essential, and the employee can’t perform it, employers must remove it from the employee’s job duties. The first task, therefore, is to determine what functions are essential. To decide, courts offer some guidance. Factors to consider include the:
- Employer’s judgment as to which functions are essential
- Written job descriptions prepared before advertising or interviewing applicants for the job
- Amount of time spent on the job performing the function
- Consequences of not requiring the incumbent to perform the function
- Terms of the collective bargaining agreement
- Work experience of past incumbents in the job
- Current work experience of incumbents in similar jobs.
In a recent case, the court considered whether showing up on time was an...(register to read more)