Essential Job Functions Under the ADA: What Employees and Employers Need to Know

Essential job functions are the core duties of a position: the things an employee must be able to do to hold the job. These play a central role in determining whether an employee with a disability is protected under the Americans with Disabilities Act (ADA).

An employee who can't perform the essential job functions, even with a reasonable accommodation, isn't considered qualified for the job and isn't protected from discrimination.

Why Essential Job Functions Matter

The ADA protects employees from disability discrimination, but it doesn't require employers to hire or retain someone who cannot perform the job's core tasks. Essential job functions are used to determine which employees are protected by the ADA and which are not.

An employee won't prevail on a disability discrimination lawsuit against an employer if the employee can't perform the essential job functions because of a disability. On the other hand, if a function is not truly essential, the employer cannot fire or refuse to hire a person with a disability just because that person can't perform the function. Legally, it cannot play a role in the employer's decision-making process.

Take a nurse as an example. Administering medication and monitoring patient health are essential job functions. If a nurse cannot perform those duties, even with accommodations, the hospital is not required to keep the nurse in that role. On the other hand, answering phones at the nurses' station may be helpful but not essential. The hospital cannot refuse to hire or retain someone with a disability just because they need help with that secondary task.

Which Job Duties Are Essential?

As the name suggests, essential job functions are the fundamental, not marginal, duties of a job. A job duty is an essential function if any of the following is true:

• The reason the job exists is to perform that function. For example, an essential function of a pilot is to fly planes.
• Only a few employees can perform the function.
• The function is so highly specialized that the employer hires people into the position specifically because of their expertise in performing that function.

Factors the EEOC Considers

In determining whether a job function is essential, the Equal Employment Opportunity Commission (the federal agency that enforces the ADA and other discrimination laws) looks at these factors:

• the employer's assessment of which functions are essential, as demonstrated by job descriptions written before the employer posts or advertises for the position
• whether the position exists to perform that function (if the entire job consists of one function, such as loading and unloading boxes or entering information into a database, then than function is essential)
• the experience of employees who actually hold that position
• the time spent performing the function
• the consequences of not performing the function
• whether other employees are available to perform the function, and
• the degree of expertise or skill required to perform the function.

The weight each factor receives will depend on the facts. For example, a security guard may rarely (if ever) have to use a weapon. However, the position exists to guard valuables, and a security guard who was unable to use a weapon when one was required would be at great risk (not to mention ineffective at the job).

Examples of Essential and Nonessential Functions

Imagine a security guard whose main responsibility is protecting a bank. The guard may rarely need to use a weapon, but the potential consequences of being unable to do so are severe. Because the position exists to safeguard people and property, being able to carry and use a weapon safely is considered an essential function.

Contrast that with a receptionist at a law firm. The essential functions might be greeting clients, answering phones, and managing schedules. Carrying heavy boxes of office supplies may occasionally happen, but it is not why the position exists.

Essential Functions and Reasonable Accommodations

An employer must provide reasonable accommodations that allow a qualified employee with a disability to perform essential job functions, unless doing so would cause undue hardship, meaning significant difficulty or expense.

For instance, a teacher with arthritis who struggles to stand for long periods could be accommodated with a stool or modified classroom setup. The essential functions (such as teaching, managing the classroom, grading) can still be performed.

But some situations cannot be accommodated without eliminating the essential function altogether. For example, a delivery driver who cannot drive a vehicle cannot be reassigned that duty without fundamentally changing the job. In that case, the employer is not legally required to retain the employee in that role.

Why Job Descriptions Matter When Determining Essential Functions

It's important for employers to draft accurate job descriptions before posting a position. These documents often carry weight in legal disputes about essential functions.

A clear description helps both employers and employees. It sets expectations from the start, allows applicants with disabilities to request needed accommodations, and gives courts or agencies a reference point if disputes arise.

That said, a job description is not the final word. Courts and the EEOC also look at the actual experience of employees in the role. If a description says heavy lifting is essential but in practice employees rarely lift more than a file folder, that claim won't hold up.

Next Steps

If your employer has denied your request for a disability-related accommodation, consider contacting an employment lawyer to discuss your legal options. An employment lawyer can review your situation and advise you on your legal rights under the ADA.