SOAR - Marginal Functions
Home >> Generated from JAN's SOAR Information System on 12/17/2018 12:27:23 PM.

Marginal Functions

The modification and/or removal of marginal functions from a position is an example of a reasonable accommodation. Essential functions are those job duties that an employee must be able to perform, with or without reasonable accommodation.

From The ADA: Your Responsibilities as an Employer by the U.S. Equal Employment Opportunity Commission -

Factors to consider in determining if a function is essential include:

  • whether the reason the position exists is to perform that function,
  • the number of other employees available to perform the function or among whom the performance of the function can be distributed, and
  • the degree of expertise or skill required to perform the function.

Your judgment as to which functions are essential, and a written job description prepared before advertising or interviewing for a job will be considered by EEOC as evidence of essential functions. Other kinds of evidence that EEOC will consider include:

  • the actual work experience of present or past employees in the job,
  • the time spent performing a function,
  • the consequences of not requiring that an employee perform a function, and
  • the terms of a collective bargaining agreement.