ADA Frequently Asked Questions

Category: Title I: Employment

What are the essential and marginal functions of a job?

Under Title I of the ADA, essential functions are core parts of a job that every person in that role must be able to do, regardless of their disability. A reasonable accommodation may be needed for an employee to perform the function, but employers are generally not required to eliminate or reassign an essential function as an accommodation. However, employers can be required to eliminate or reassign non-essential marginal functions as an accommodation, when reasonable. The employer can also swap marginal functions amongst employees as a form of reasonable accommodation if an employee with a disability is able to perform some marginal functions but not others.

In order to determine if eliminating or reassigning a certain job function would be reasonable, the employer must determine if the function is essential or marginal. This will be a case-by-case analysis, but some factors to consider might include:

• Whether performing the function is the reason the position exists,
• The number of other employees available to perform the function or among whom the function can be shared/reassigned,
• The level of expertise or skill required to perform the function (e.g., does it require a specific certification?),
• The actual work experience of present or past employees in the job,
• The time spent performing a function,
• The consequences of not performing the function, and,
• The terms of a collective bargaining agreement.

It is important for employers and employees to understand that just because a duty is listed in a job description or is called "essential" by an employer does not necessarily mean it is an essential function according to the ADA. Job descriptions can be used to support an essential function claim, however, it is not the only thing to consider. Employers who call a duty "essential" to avoid making reasonable accommodations can be found in violation of the ADA if they lack supporting evidence to back up their claim.

Resource(s):
The ADA: Your Responsibilities as an Employer - EEOC.gov