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ABA Family Legal Guide

Law and the Workplace

The Hiring Process

How can an employer identify the essential functions of a job?

The EEOC regulations list several factors that help determine the essential functions of a job:

  • The extent to which the position exists to perform the function--for example, a secretarial position that exists to type letters and documents.
  • The number of other employees available to perform the function--for example, even though the receptionist's main duty is not typing, the company has only one other secretarial employee, and when that employee is sick or on vacation the receptionist fills in.
  • The amount of time spent performing the function--for example, the secretary spends 75 percent of his or her time typing documents.
  • The effect of not requiring the person in this job to be able to perform the function--for example, a firefighter may be called upon to carry a heavy person from a burning building only rarely, but failing to perform this function could cost a life.
  • The work experience of employees who have previously performed the job.
  • American Bar Association Family Legal Guide
    Copyright © 2004 American Bar Association
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