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It doesn't matter if the employee requires an accommodation from the employer to do so: As long as the employee can perform the essential functions of the job, with or without a reasonable accommodation, the employee is protected from discrimination by the ADA.
A reasonable accommodation is any change to the application or hiring process, to the job, to the way the job is done, or the work environment that allows a person with a disability who is qualified for the job to perform the essential functions of that job and enjoy equal employment opportunities.
Essential functions are the basic job duties that an employee must be able to perform, with or without reasonable accommodation. You should carefully examine each job to determine which functions or tasks are essential to performance.
Put simply, an essential job function is one that the person holding the job must be able to perform, whereas non-essential job functions are those that do not affect the essence of the job and could be reassigned to other employees.
What is a job function? A job function is a list of actions performed by an employee in a certain position that describes the main responsibilities of their job. Job functions often appear as a list of daily tasks that an employee completes.
Essential job functions and reasonable accommodationProcuring or modifying equipment.Reassigning non-essential job duties.Modified work schedules.Reassigning or reclassifying roles.Providing effective communication.Modifying the work environment to be accessible to persons with disabilities.More items...?
Job descriptions should use clear, concise, non-technical language. In defining essential functions, the description should focus on the required outcome rather than process (unless the process itself is truly essential).
Put simply, an essential job function is one that the person holding the job must be able to perform, whereas non-essential job functions are those that do not affect the essence of the job and could be reassigned to other employees.
Therefore, the candidate can perform that essential function of the position with a reasonable accommodation. If the candidate states that he or she cannot perform the essential functions of your position with or without reasonable accommodations, then that person is not qualified for the position.
Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by