You can order a complete copy of the manual, as well as other EEOC publications and materials, at the (pages II-12–II-22) published by the Equal Employment Opportunity Commission (EEOC).Technical Assistance Manual on the Employment Provisions (Title I) of the Americans With Disabilities ActThe following information is an excerpt from the EEOC web site. Show 2.3 (a) Identifying the Essential Functions of a Job Sometimes it is necessary to identify the essential functions of a job in order to know whether an individual with a disability is "qualified" to do the job. The regulations provide guidance on identifying the essential functions of the job. The first consideration is whether employees in the position actually are required to perform the function.
If a person holding a job does perform a function, the next consideration is whether removing that function would fundamentally change the job. The regulations list several reasons why a function could be considered essential: 1. The position exists to perform the function.
2. There are a limited number of other employees available to perform the function, or among whom the function can be distributed. This may be a factor because there are only a few other employees, or because of fluctuating demands of a business operation.
3. A function is highly specialized, and the person in the position is hired for special expertise or ability to perform it.
The regulation also lists several types of evidence to be considered in determining whether a function is essential. This list is not all-inclusive, and factors not on the list may be equally important as evidence. Evidence to be considered includes: a. The employer's judgment An employer's judgment as to which functions are essential is important evidence. However, the legislative history of the ADA indicates that Congress did not intend that this should be the only evidence, or that it should be the prevailing evidence. Rather, the employer's judgment is a factor to be considered along with other relevant evidence. However, the consideration of various kinds of evidence to determine which functions are essential does not mean that an employer will be second-guessed on production standards, setting the quality or quantity of work that must be performed by a person holding a job, or be required to set lower standards for the job.
b. A written job description prepared before advertising or interviewing applicants for a job The ADA does not require an employer to develop or maintain job descriptions. A written job description that is prepared before advertising or interviewing applicants for a job will be considered as evidence along with other relevant factors. However, the job description will not be given greater weight than other relevant evidence. A written job description may state that an employee performs a certain essential function. The job description will be evidence that the function is essential, but if individuals currently performing the job do not in fact perform this function, or perform it very infrequently, a review of the actual work performed will be more relevant evidence than the job description. If an employer uses written job descriptions, the ADA does not require that they be limited to a description of essential functions or that "essential functions" be identified. However, if an employer wishes to use a job description as evidence of essential functions, it should in some way identify those functions that the employer believes to be important in accomplishing the purpose of the job. If an employer uses written job descriptions, they should be reviewed to be sure that they accurately reflect the actual functions of the current job. Job descriptions written years ago frequently are inaccurate.
In identifying an essential function to determine if an individual with a disability is qualified, the employer should focus on the purpose of the function and the result to be accomplished, rather than the manner in which the function presently is performed. An individual with a disability may be qualified to perform the function if an accommodation would enable this person to perform the job in a different way, and the accommodation does not impose an undue hardship. Although it may be essential that a function be performed, frequently it is not essential that it be performed in a particular way.
Similarly, an essential function of a job on a loading dock may be to move heavy packages from the dock to a storage room, rather than to lift and carry packages from the dock to the storage room. [See also discussion of Job Analysis and Essential Functions of a Job, in section 2.3(b)] If the employer intends to use a job description as evidence of essential functions, the job description must be prepared before advertising or interviewing for a job; a job description prepared after an alleged discriminatory action will not be considered as evidence. c. The amount of time spent performing the function
d. The consequences of not requiring a person in this job to perform a function Sometimes a function that is performed infrequently may be essential because there will be serious consequences if it is not performed.
e. The terms of a collective bargaining agreement Where a collective bargaining agreement lists duties to be performed in particular jobs, the terms of the agreement may provide evidence of essential functions. However, like a position description, the agreement would be considered along with other evidence, such as the actual duties performed by people in these jobs. f. Work experience of people who have performed a job in the past and work experience of people who currently perform similar jobs The work experience of previous employees in a job and the experience of current employees in similar jobs provide pragmatic evidence of actual duties performed. The employer should consult such employees and observe their work operations to identify essential job functions, since the tasks actually performed provide significant evidence of these functions. g. Other relevant factors The nature of the work operation and the employer's organizational structure may be factors in determining whether a function is essential.
Changing Essential Job Functions The ADA does not limit an employer's ability to establish or change the content, nature, or functions of a job. It is the employer's province to establish what a job is and what functions are required to perform it. The ADA simply requires that an individual with a disability’s qualifications for a job are evaluated in relation to its essential functions.
2.3(b) Job Analysis and the “Essential Functions” of a Job The ADA does not require that an employer conduct a job analysis or any particular form of job analysis to identify the essential functions of a job. The information provided by a job analysis may or may not be helpful in properly identifying essential job functions, depending on how it is conducted. The term “job analysis” generally is used to describe a formal process in which information about a specific job or occupation is collected and analyzed. Formal job analysis may be conducted by a number of different methods. These methods obtain different kinds of information that is used for different purposes. Some of these methods will not provide information sufficient to determine if an individual with a disability is qualified to perform "essential" job functions.
Some job analysis methods ask current employees and their supervisors to rate the importance of general characteristics necessary to perform a job, such as “strength,” “endurance,” or “intelligence,” without linking these characteristics to specific job functions or specific tasks that are part of a function. Such general information may not identify, for example, whether upper body or lower body “strength” is required, or whether muscular endurance or cardiovascular “endurance” is needed to perform a particular job function. Such information, by itself, would not be sufficient to determine whether an individual who has particular limitations can perform an essential function with or without an accommodation. As already stated, the ADA does not require a formal job analysis or any particular method of analysis to identify the essential functions of a job. A small employer may wish to conduct an informal analysis by observing and consulting with people who perform the job or have previously performed it and their supervisors. If possible, it is advisable to observe and consult with several workers under a range of conditions, to get a better idea of all job functions and the different ways they may be performed. Production records and workloads also may be relevant factors to consider. To identify essential job functions under the ADA, a job analysis should focus on the purpose of the job and the importance of actual job functions in achieving this purpose. Evaluating "importance" may include consideration of the frequency with which a function is performed, the amount of time spent on the function, and the consequences if the function is not performed. The analysis may include information on the work environment (such as unusual heat, cold, humidity, dust, toxic substances, or stress factors). The job analysis may contain information on the manner in which a job currently is performed, but should not conclude that ability to perform the job in that manner is an essential function, unless there is no other way to perform the function without causing undue hardship. A job analysis will be most helpful for purposes of the ADA if it focuses on the results or outcome of a function, not solely on the way it customarily is performed.
A job analysis that is focused on outcomes or results also will be helpful in establishing appropriate qualification standards, developing job descriptions, conducting interviews, and selecting people in accordance with ADA requirements. It will be particularly useful in helping to identify accommodations that will enable an individual with specific functional abilities and limitations to perform the job. 2.3(c) Perform Essential Functions "With or Without Reasonable Accommodation" Many individuals with disabilities are qualified to perform the essential functions of jobs without need of any accommodation. However, if an individual with a disability who is otherwise qualified cannot perform one or more essential job functions because of his or her disability, the employer, in assessing whether the person is qualified to do the job, must consider whether there are modifications or adjustments that would enable the person to perform these functions. Such modifications or adjustments are called “reasonable accommodations.” Reasonable accommodation is a key nondiscrimination requirement under the ADA. An employer must first consider reasonable accommodation in determining whether an individual with a disability is qualified; reasonable accommodation also must be considered when making many other employment decisions regarding people with disabilities. What is the main function of the Equal Employment Opportunity Commission?The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or ...
What is the Equal Employment Opportunity Commission EEOC quizlet?The U.S. Equal Employment Opportunity Commission is the federal agency that enforces the laws against job discrimination and harassment. The federal law that makes it illegal to pay different wages to women and men if they perform substantially equal work in the same workplace.
What is enforced by the Equal Employment Opportunity Commission quizlet?Equal Employment Opportunity Commission; a Federal administrative agency that has been given the authority to enforce federal employment discrimination laws. Congress created the EEOC to enforce the civil rights act of 1964.
What is the purpose of the Equal Employment Opportunity Commission EEOC )? Apex?The U.S. Equal Employment Opportunity Commission (“EEOC”) enforces federal laws prohibiting workplace discrimination. The EEOC was created by the Civil Rights Act of 1964.
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