The ADA and the Essential Functions Test
The Americans With Disabilities Act (ADA) generally says that if you have a disability, your employer must make accommodations in your workplace to allow you to do your job. You can’t be punished, fired, harassed, or discriminated against because of your disability.
When Accommodations Won’t Help
But sometimes, an employee is disabled so severely, or in a specific way, that it is impossible for the employee to ever do his or her job; there are simply no accommodations that can be made to allow the employee to do his or her job.
So, for example, assume that a typist loses the ability to use her fingers. She can still do her job, by allowing her speech-to-text technology. Once the accommodation is provided, she can type.
But now imagine that same person isn’t a typist. Rather, she is a professional pianist, or an electrician that needs to use her hands to manipulate fine small circuitry—some job where the fine and precise usage of fingers can’t be accommodated. Even with all known available accommodations, the employee without the ability to use her fingers, simply cannot do either of those jobs.
What is an Essential Function?
This is a big defense to the ADA, and one that many employers use against disabled employees. The ADA says that accommodations need to be made for disabled employees—but only if the employee would, with the accommodations, be able to perform what are known as the essential functions of the job.
Many jobs have multiple purposes, duties, and functions. So what is and what is not an “essential function?”
For example, let’s say an office manager can’t type because of the inability to use his fingers. He or she could still do other things—answer phones, do filing, take appointments, etc. He or she can do some, but not all of the job duties, so is typing an essential function?
The law says that an essential function is one that is fundamental to the job, but not just marginal. Courts will ask whether the function that the employee cannot do even with an accommodation, is the purpose or reason of the job itself. Courts may ask whether the employee was hired specifically for the duties that the employee can no longer do with an accommodation.
External Evidence
Courts will look at other documents, like job descriptions, any union collective bargaining agreements, how much of the employee’s day is spent doing the things the employee can’t do, and what would happen if the employee was just excused from doing whatever duty that he or she can no longer do, even with an accommodation.
Department of Labor job descriptions may be used as evidence, as may vocational experts, who will come to court and explain what is essential to a given job, and what is secondary or marginal.
Are you being discriminated against at work because of a disability? Contact the San Jose employment attorneys at the Costanzo Law Firm today.
Source:
adata.org/faq/what-are-essential-functions-job
