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Americans With Disabilities Act
Essential Functions
Determining which functions of a position are essential and which are marginal, even for casual and student workers, is of critical importance under the ADA.
If the otherwise best qualified disabled individual cannot perform an essential function without an accommodation, a "reasonable" accommodation must be made; if no reasonable accommodation is possible, the department is not required to hire or retain the individual in the position.
On the other hand, if the otherwise best qualified disabled individual cannot perform a marginal function, the department is not required to make an accommodation unless it chooses to do so; however, the individual may not be rejected or terminated merely because he/she is unable to perform the nonessential functions of the job.
Must "essential functions" be defined
for casual and student employment?
- Yes. Student employees and casual employees are
covered under the ADA.
Who determines the "essential functions" of particular jobs?
-
Faculty and Teaching and Graduate Assistants: The essential functions of faculty positions are established
by University Regulation. For general teaching/research
faculty the essential functions are teaching, scholarship
and service. Consult University Regulation 60.5.14
for the essential functions applicable to other faculty. For Teaching and Graduate Assistants, the department chair,
graduate program director or the principal investigator
determines the essential functions of assistantships.
- Staff, Student and Casual Employees: The essential functions of staff, student, and casual positions are determined by the appropriate Hiring Managers, which know best the fundamental job duties required. Upon request, the personnel offices will assist departments with respect to staff positions; the Student Employment Office will assist with respect to student positions.
When must "essential functions" be determined?
When filing a vacant position, they must be determined before posting/ advertising/recruiting for it. This is crucial not only for the interviewing/selection process but in guiding the Occupational Health Physician where physical examinations are required for the job title. In addition, if an employee becomes disabled and seeks an accommodation in the current job, the current demands of the position should be reexamined to determine whether functions previously considered "essential" remain so.
Is there a formula for determining "essential functions" of a particular job?
No. Determining which aspects of a position are of such importance that if they were eliminated the job would no longer exist cannot be accomplished by formula because the essence of university jobs range from purely intellectual performed in relative isolation, to practical problem solving in intense and daily person-to-person interactions, to purely physical.
Hiring Managers must focus more on WHAT needs to be done rather than the method by which the job is currently being done; too narrow a focus on HOW a job is currently being accomplished may result in rejection of an otherwise qualified candidate.
- Example: A job has always been performed by carrying files from place to place. An otherwise qualified candidate cannot carry files. Focusing on HOW ("carrying") rather that WHAT needs to be done ("transporting" them from place to place) could result in rejection of an otherwise qualified applicant.
To assist Hiring Managers in identifying essential functions of staff jobs, the current staff position description format has been modified so as to not only describe the particular responsibilities of the jobs but to capture the essential intangible responsibilities as well. Upon request, the personnel offices will assist departments in determining essential functions for staff jobs.
Additional Sections
- Overview
- Definitions
- Who Is Covered
- Responsibilities of Hiring Authorities and Personnel Offices
- Interviewing/Selection Process
- Reasonable Accommodations - Hiring
- Reasonable Accommodations - On-the-Job
- Types of Accommodations
- Undue Hardship
- Inquiries into Disabilities, Physical Examinations or Other Testing
- Health, Safety, Risk
- Appeal Process
- Employee Performance
- Collective Negotiations
| Resources To Help You | |
| Office of Employment Equity - Contacts | 732-932-3020 x4030 |
| Office of Employment Equity - Services | |
| Disability Accommodation Information |
