Factors to consider in determining if a function is essential include:
* whether the reason the position exists is to perform that function,
* the number of other employees available to perform the function or among whom the performance of the function can be distributed, and
* the degree of expertise or skill required to perform the function.
Your judgment as to which functions are essential, and a written job description prepared before advertising or interviewing for a job will be considered by EEOC as evidence of essential functions. Other kinds of evidence that EEOC will consider include:
* the actual work experience of present or past employees in the job,
* the time spent performing a function,
* the consequences of not requiring that an employee perform a function, and
* the terms of a collective bargaining agreement.
Source:
How Are Essential Functions Determined?
U.S. Equal Employment Opportunity Commission
Example Form: Essential Job Functions
Miami Dade County
Example Guide: The Supervisor’s Role: Determining Essential Job Functions
California Air Resources Board
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