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12.6 ADA-Ability to Perform Essential Functions-Factors

12.6 ADA-Ability to Perform Essential Functions-Factors

Name: 12.6 ADA-Ability to Perform Essential Functions-Factors
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Federal - Jury Instructions - 9th Circuit - Civil

State:

Multi-State

Control #:

US-JURY-9THCIR-12-6

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
12.6 ADA-Ability to Perform Essential Functions-Factors is a subcategory of the Americans with Disabilities Act (ADA) that outlines the legal requirements for employers to provide reasonable accommodations to qualified individuals with disabilities so that they can perform the essential functions of a job. This includes evaluating a person’s ability to perform the essential functions of the job with or without reasonable accommodations, and determining the types of reasonable accommodations that must be provided in order to enable an individual with a disability to perform the essential functions of a job. The ADA outlines four factors for evaluating the ability of an individual with a disability to perform the essential functions of a job: 1. The nature and extent of the disability. 2. The job-relatedness of the accommodation. 3. The cost of the accommodation. 4. The impact of the accommodation on the operation of the employer's business. These factors must be taken into consideration when evaluating an individual’s ability to perform the essential functions of a job.

12.6 ADA-Ability to Perform Essential Functions-Factors is a subcategory of the Americans with Disabilities Act (ADA) that outlines the legal requirements for employers to provide reasonable accommodations to qualified individuals with disabilities so that they can perform the essential functions of a job. This includes evaluating a person’s ability to perform the essential functions of the job with or without reasonable accommodations, and determining the types of reasonable accommodations that must be provided in order to enable an individual with a disability to perform the essential functions of a job. The ADA outlines four factors for evaluating the ability of an individual with a disability to perform the essential functions of a job: 1. The nature and extent of the disability. 2. The job-relatedness of the accommodation. 3. The cost of the accommodation. 4. The impact of the accommodation on the operation of the employer's business. These factors must be taken into consideration when evaluating an individual’s ability to perform the essential functions of a job.

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The ability to perform essential job functions, with or without a reasonable accommodation, determines if an applicant or employee with a disability is qualified for the job. Courts have upheld that an employer may decide which functions are essential to the job.

Essential functions are the basic job duties that an employee must be able to perform, with or without reasonable accommodation.

Examples of reasonable accommodations include providing interpreters, readers, or other personal assistance; modifying job duties; restructuring work sites; providing flexible work schedules or work sites (i.e. telework) and providing accessible technology or other workplace adaptive equipment.

Ing to the EEOC, ?essential functions are the basic job duties that an employee must be able to perform, with or without a reasonable accommodation,? in order to be qualified for a job.

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.

The ADA requires reasonable accommodations as they relate to three aspects of employment: 1) ensuring equal opportunity in the application process; 2) enabling a qualified individual with a disability to perform the essential functions of a job; and 3) making it possible for an employee with a disability to enjoy equal

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

Factors to consider in determining if a function is essential include: (1) whether the reason the position exists is to perform that function; (2) the number of other employees available to perform the function or among whom the performance of the function can be distributed; and (3) the degree of expertise or skill

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An essential function of an employment position means the fundamental job duties of the employment position the plaintiff holds or desires. Essential functions are the basic job duties that an employee must be able to perform, with or without reasonable accommodation.Essential job functions under the ADA are the duties that are fundamental to a particular job and cannot be modified without altering the nature of the job. The EEOC states that essential functions are the basic job duties that an employee must be able to perform, with or without reasonable accommodation. Civil Service Rule 12. Able to perform the essential elements of his or her position, notwithstanding disability. Essential functions are job duties that employees must have the ability to perform, with or without a reasonable accommodation. An employer does not have to eliminate an essential function, i.e. , a fundamental duty of the position. The Nvidia stock surged towards a new high after reporting betterthanexpected fiscal Q1 results and a "blowout forecast" for fiscal Q2.

12.6 ADA-Ability to Perform Essential Functions-Factors

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How are essential functions important to define for accommodations?

What is the ADA's definition of an essential function?

What are examples of the type of reasonable accommodations that a supervisor may provide?

Can you perform the essential functions of the job with or without reasonable accommodation ?

Can you perform the essential functions of this position with or without reasonable accommodations meaning?

What are the essential functions of reasonable accommodation?

Can you perform the essential functions of the job with reasonable accommodations?

What factors should be considered when determining the essential functions of a job?

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