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Introduction to the
Americans with Disabilities Act (ADA)

Essential functions

The next term we need to define is "essential functions."

As stated above:

A "qualified individual with a disability" is a person with a disability who with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." 42 U.S.C. Section 12111 (8).

Congress did not specify which job functions are "essential" under the ADA. It did provide that whenever an employer gives written descriptions of the essential functions of a job, that description is entitled to substantial deference. 42 U.S.C. Section 12111(8). Also, the EEOC regulations accompanying the ADA define "essential functions" as "the fundamental job duties of the employment position." 29 C.F.R. Section 1630.2(n).

In determining whether a job duty is "essential," the following factors are relevant:

1. The employer's judgment as to which functions are essential;

2. Written job descriptions prepared before advertising or interviewing applicants for the job;

3. The amount of time spent on the job performing the function;

4. The consequences of not requiring the employee to perform the function;

5. The work experience of past persons in the job; and/or

6. The current work experience of persons with similar jobs.

See, 29 C.F.R. Section 1630.2(n); Barber v. Nabors Drilling U.S.A., Inc., 130 F.3d 702 (5th Cir. 1997); and Riel v. Electronic Data Systems Corp., 99 F.3d 678 (5th Cir. 1996).

Position the individual holds or desires

As stated above:

A "qualified individual with a disability" is a person with a disability who with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." 42 U.S.C. Section 12111 (8).

Three examples should explain what is meant by the phrase: holds or desires.

1. A current employee becomes disabled and needs a reasonable accommodation in order to return to the job he held at the time he became disabled.

2. A current employee becomes disabled and is no longer able to perform his current job even if a reasonable accommodation is provided. But there is another job which he desires.

3. A person is applying for a job he desires but he will need a reasonable accommodation in order to be able to perform the job.

In Summary

If a person cannot show that he or she is a "qualified individual with a disability," then that person is not protected by the ADA.

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