Punctuality matters! For some jobs, being on time is an essential function

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 essential function of a public service job, but ultimately concluded it wouldn’t set a hard-and-fast rule. Instead, it approved terminating an employee because the employer could show it fired her for several legitimate reasons, not just her lack of punctuality.

Recent case: Roslyn worked for two decades as a SEPTA bus driver in the Philadelphia area. During that time, she developed various medical problems, including bipolar disorder with depression, various sleep disorders, circadian rhythm disorder and hypersomnia. Her doctor said she could no longer drive a bus.

SEPTA offered Roslyn a job as a cashier taking fares at various sites. The job included a requirement that attendance was essential. Because Roslyn had trouble waking up, she was often tardy. But she also was caught being generally inattentive in her cashier booth. Sometimes she was on her cellphone for long conversations. Other times she appeared to look away from customers.

She was finally terminated for poor performance, including frequent late arrivals and inattentiveness to customer needs.

She sued, alleging that her late arrivals should not have been counted against her since they were not, in her mind, essential functions of the job of cashier.

The court considered the factors that go into determining whether punctuality is an essential function, but stepped away from declaring punctuality always an essential function.

Instead, the court focused on Roslyn’s other transgressions and concluded she would have been fired for those alone. It left for another day a decision on whether arriving on time is always an essential function of a job involving serving the public. (Oden v. SEPTA, No. 14-6097, ED PA, 2015)

Final note: Generally, employers get to choose which functions are essential to a job. That’s one reason it is important to include those essential functions in both job ads and job descriptions. However, that’s not enough. The employees hired and holding the jobs must also perform those essential functions.

Include them in performance reviews as additional proof you expect employees to meet the entire list of essential functions for a good performance review.