In a prior blog (4/1/09) I discussed the critical importance of Job Descriptions. For todayâ??s blog I would like to focus on the â??Essential Functionsâ? component of the job description.

You need to be very diligent when listing your essential functions because it is the essential functions of a job for which you are required to search for reasonable accommodations, should the employee no longer be able to perform the function in the â??normalâ? manner. Remember, if the function is not listed in the job description, you will have a hard time convincing anyone that it was an essential function.

Essential Functions
When defining Essential Functions, only two features of job responsibility are important: identifying tasks that comprise the â??must doâ? components of the job and listing the tasks in order of importance. Using single sentence descriptions, you should be able to cover 90 to 95 percent or more of most tasks and responsibilities in 10 or 12 statements. The amount of time spent on a function should not be the sole criteria. For example, landing a plane doesnâ??t take nearly as much time as flying a plane but no one would dispute plane landing as an essential function of a pilotâ??s job.

It is important to remember that an essential function is a task. Not how the task is to be completed. For example, you should not say crawl under machinery to repair oil leaks, but rather say repair oil leaks located under the machinery. This becomes important when it comes to managing requests for accommodation to comply with the Americans with Disabilities Act. In the example just mentioned, if an employee where to say they are now disabled and can no longer crawl under machinery, the employer would have to see if the employee could be reasonably accommodated by finding an alternative way to repair the oil leaks.

Donâ??t make the mistake of relying on assumptions about what the employee does in the job. Make sure the employee actually performs the essential function. You canâ??t rely on a job title or the traditional role of a particular job.

It is primarily the employer’s judgment as to which functions are essential; however, should a dispute arise, it is not the only evidence but one factor to be considered along with other relevant evidence. The employer’s judgment will likely be discounted if, for example, a court finds that the employer doesn’t actually require all employees in a particular position to perform an allegedly essential function.

How should you distinguish between â??Essential Functionsâ? and â??Other Duties?â?
â??Essential functionsâ? are those that could be described as critical, integral, indispensable, primary, and fundamental, whereas â??other dutiesâ? could be described as peripheral, extra, incidental, and accessory.

There is generally no clear cut dividing line between essential functions and other duties. Rather, you should be asking some of these questions to help in the determination;
â?¢ What is the purpose of the task?
â?¢ Are there other methods of performing the task?
â?¢ Why is the task performed?
â?¢ How is success in accomplishing the task measured?
â?¢ What happens if the task is not done correctly?

Human Resources 4U specializes in developing Job Descriptions that can then be linked to salary, merit, and promotional structures to ensure compliance and to help you minimize the risk of pay discrimination claims in the future.

Human Resources 4U is a full service Human Resources consulting company specializing in small and midsize businesses. Note: This article is presented with the understanding that we are not engaged in rendering legal advice. If legal advice is required, the services of a competent attorney should be sought.