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Essential Job Function: Key Insights into Its Legal Importance
Definition & Meaning
An essential job function refers to a primary duty that is crucial to a specific role within an organization. While a job may encompass various tasks, essential job functions are those that an employee must be able to perform, either with or without reasonable accommodation. Individuals with disabilities are also required to perform these functions to be protected under the federal Americans with Disabilities Act (ADA).
Table of content
Legal Use & context
This term is primarily used in employment law, particularly in relation to the Americans with Disabilities Act (ADA). It helps determine whether an employee with a disability can be reasonably accommodated in their role. Understanding essential job functions is critical for employers to ensure compliance with the ADA and to create a fair workplace. Users can manage related forms and procedures through resources like US Legal Forms, which offers templates drafted by legal professionals.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A customer service representative must be able to communicate effectively with clients. This is considered an essential job function. If an employee has a hearing impairment, the employer may provide assistive listening devices as a reasonable accommodation.
Example 2: A warehouse worker is required to lift packages weighing up to fifty pounds. This lifting requirement is an essential job function. If a worker has a back injury, the employer might modify the job duties or provide lifting equipment to accommodate the worker's needs. (hypothetical example)
Relevant laws & statutes
The primary law governing essential job functions is the Americans with Disabilities Act (ADA). This federal law prohibits discrimination against individuals with disabilities and outlines the requirements for reasonable accommodation in the workplace.
Comparison with related terms
Term
Definition
Difference
Marginal Job Function
Tasks that are not essential to the job.
Essential job functions are critical for job performance, while marginal functions are secondary.
Reasonable Accommodation
Modifications or adjustments to a job or work environment.
Reasonable accommodations support the performance of essential job functions.
Common misunderstandings
What to do if this term applies to you
If you believe you need accommodations for your essential job functions, start by discussing your needs with your employer. They are required to engage in an interactive process to explore reasonable accommodations. For assistance, consider using US Legal Forms to access templates for accommodation requests or consult a legal professional if the situation becomes complex.
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