THE IMPORTANCE OF AN ESSENTIAL JOB FUNCTIONS ANALYSIS
Whether your company is just getting its bearings, poised for growth, or has settled at the top of its game, determining the work behaviors, tasks, and outcomes of each position within your organization can serve a variety of organizational purposes. When the primary purpose of an essential functions job analysis is to comply with the Americans with Disabilities Act (ADA), however, it is imperative that the task is done by professionals so as not to leave room for legal doubts.
As an employer, one of your primary responsibilities to your employees is to provide reasonable accommodation to those with documented disabilities. Even applicants with disabilities and no prior relationship with your company have the right to be considered on equal grounds with other applicants. Insofar as you can provide employees or applicants with reasonable accommodation to ensure that the responsibilities of the position can be properly fulfilled, a disability and its peripheral effects cannot be seen as the purpose for preferential treatment to another employee or applicant.
Reasonable accommodations can include but are not limited to the following:
- Making facilities readily accessible to the disabled
- Allowing for flexible work schedules
- Modifying equipment used in the workplace
- Provision of special devices
- Adjusting the applicant screening examinations and training programs
The ADA does not, however, require you to hire any applicant with a disability. Applicants proven to be underqualified, of course, need not be hired. Also, if it is proven that the accommodation of a qualified applicant would impose undue hardship on your company, the employer may decline to make the accommodation or hire the employee with a disability. Undue hardship can result from accommodations that would be unduly expensive, as well as modifications that can be considered extensive, substantial or disruptive to operations.
HOW DO I PROTECT MY COMPANY AGAINST LEGAL ACTION?
Disability discrimination claims will depend greatly on the definition of a position’s ESSENTIAL FUNCTIONS. As such, it is imperative for employers to first be able to clearly define the tasks and essential functions of each position. This will enable you to determine if reasonable accommodations can be made to help a person with a particular disability (or set of disabilities) to fulfill these responsibilities.
There are several job analysis methods that should be accomplished by a qualified industrial or organizational psychologist, or an individual who has received the proper training and works under the supervision of one. These methods may include but are not limited to the use of observation, interviews, checklists, and questionnaires.
According to the U.S. Equal Employment Opportunity Commission (EEOC), which is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant, “A professional job analysis is the safest course for employers.”
Each of our Senior Consultants has over 20 years of experience in developing comprehensive Essential Function Job Analyses to meet your needs.
Essential Function Job Analyses can be requested one at a time, on an as needed basis or multiple assignments can be completed upon request.
Each Essential Functions Job Analysis will be developed around our proven Essential Function Job Analyses process. Each Essential Function Job Analyses will have specific information based on information provided via existing job descriptions and via interviews with incumbents as it is important to establish a history of required task.
The Essential Function Job Analyses will outline the following: Job Purpose; Work Schedule; Required Qualifications; Identification of Essential & Non-Essential Job Functions; Supporting documentation on how Essential & Non-Essential Functions were identified; Physical Demands and frequencies; Hand Activities and frequencies; Lifting and Carrying requirements; Equipment and Machinery Operated; Mental & Psychological Demands; Environmental Exposures; Communications and Sensory Demands. Upon request additional physical and psychological demands can be added. This will enable your organization to create a job bank that will meet your current and future needs.
RUSH ASSIGNMENTS: RETURN TO WORK EFFORTS NEEDS TO BE GOOD FAITH AND TIMELY. RETURN TO WORK PARTNERS UNDERSTAND THE NEED FOR A CLEAR AND PRECISE DESCRIPTION OF AN INJURED EMPLOYEE’S JOB TO ADDRESS RETURN TO WORK EFFORTS. WE ARE HERE TO HELP. FILL OUT A REFERRAL TODAY AND PROVIDE US WITH A DEADLINE. OUR TEAM OF CONSULTANTS WILL TAKE CARE OF YOUR REQUEST RIGHT AWAY.
EFJA JOB BANK DEVELOPMENT AND / OR TRAINING IS AVAILABLE UPON REQUEST.
Return To Work Partners also has bilingual staff (Spanish) available for all services.
DISCLAIMER: The information and materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. This brief outline of your disability compliance obligations is designed to provide accurate and authoritative information in a highly summarized manner in regard to the subject matter covered on this website. They provide the reader / end user with the understanding that the publisher of this information is not engaged in rendering legal advice / services. If legal assistance is required, the services of competent legal professionals should always be sought.