Legal Definitions - essential job functions

Essential job functions are the fundamental, core duties that an employee absolutely must be able to perform to hold a particular job. These are not just minor tasks, but the critical responsibilities without which the job's purpose cannot be achieved.

This concept is particularly important in employment law, especially when considering protections under disability discrimination laws like the Americans with Disabilities Act (ADA). If an individual with a disability can perform these essential functions, either on their own or with a reasonable accommodation provided by the employer, they are protected from discrimination. However, if they cannot perform these fundamental duties even with reasonable accommodation, the employer may not be legally required to keep them in that specific role.

When determining what constitutes an essential job function, various factors are considered, including the employer's judgment, the job description, the amount of time spent on that function, the consequences of not performing it, and whether other employees could realistically perform that function instead.

• Example 1: Emergency Medical Technician (EMT)

  An essential job function for an EMT is the ability to lift and carry patients on a stretcher, often up or down stairs, and into an ambulance. This requires significant physical strength and stamina.

  Explanation: This function is essential because the primary role of an EMT is to provide immediate medical care and transport patients to a hospital. If an EMT cannot physically move patients, they cannot fulfill a core, non-negotiable aspect of their job, regardless of their medical knowledge. The consequences of not performing this function could be severe for the patient.

• Example 2: Financial Auditor

  An essential job function for a financial auditor is the ability to analyze complex financial statements, identify discrepancies, and prepare detailed reports summarizing findings and recommendations. This requires strong analytical skills, attention to detail, and written communication proficiency.

  Explanation: The core purpose of a financial auditor is to ensure the accuracy and compliance of financial records. Without the ability to meticulously analyze data, spot errors, and clearly communicate their findings in reports, the auditor cannot perform the fundamental duties that define their role and provide value to their clients or company.

• Example 3: Elementary School Teacher

  An essential job function for an elementary school teacher is the ability to manage a classroom of young children, maintain discipline, and ensure a safe and productive learning environment. This involves direct supervision, conflict resolution, and consistent interaction with students.

  Explanation: While teaching academic subjects is crucial, the ability to effectively manage and supervise a group of young children is foundational. If a teacher cannot maintain control, ensure safety, or manage classroom dynamics, the learning environment collapses, and the primary goal of educating students cannot be met. This function cannot simply be delegated to another staff member on an ongoing basis.