A properly developed job description identifies the job’s physical and mental demands, the educational prerequisites and experience required. These predefined standards are often valuable when an employee requests accommodation or when defending against wrongful termination lawsuits.

• The essential functions component is the heart of the job description. Consider if employees in the position must perform the function and if removing that function would fundamentally change the job.

There are several reasons why a job function could be essential:

• The position exists to perform the function.
• If you hire someone to proofread documents, the ability to proofread accurately constitutes an essential function because that function is why the position exists.
• A limited number of other employees are available to perform the function, or the function must be distributed among a limited number of employees.
• It may be an essential function for a file clerk to answer the telephone in an organization with only three employees, where each employee has to perform many different tasks.
• A function is highly specialized and the person in the position is hired for their special expertise or ability to perform it.
• An organization expanding its business in Japan decides to hire a new salesperson. The organization requires someone with not only sales experience, but also the ability to communicate fluently in Japanese.

Knowing the job’s essential functions helps you:

• Create appropriate interview questions.
• Determine if a person is qualified to perform the essential functions.
• Identify reasonable accommodations to enable a person with a disability to perform the essential functions.

When considering candidates for job openings and promotions, you may find qualified applicants who have a disability. You must determine if the person with a disability can perform the job’s essential functions. For more information, see “Qualified Individual With a Disability” Defined and “Essential Job Functions” Defined.

• Disability discrimination laws don’t limit your ability to establish or change the job’s content, nature or functions. You can establish what a job is and what functions are required to perform it. The laws require that the qualifications of an individual with a disability are evaluated in relation to the job’s essential functions.

In examining disability issues, the Equal Employment Opportunity Commission (EEOC) and the Civil Rights Department (CRD) consider various components to determine if a particular function is essential to the job, including the:

• Employer’s judgment.
• Accurate, current, written job descriptions.
• Amount of time spent on the job performing that function.
• Availability of others in the department to fill in for the person who performs the function.
• Legitimate business consequences of not requiring the incumbent in the position to perform the function.
• Work experience of past incumbents in the job.
• Current work experience of incumbents in similar jobs.
• Reference to the importance of the performing the job function in prior performance reviews.2

For more information, see “Essential Job Functions” Defined.

You must determine a job’s essential functions, both as the criteria for deciding whether a person with a disability is able to perform the job and as a defense against any subsequent claim of discrimination. To identify a job’s essential functions, first identify the job’s purpose and the importance of actual job activities to achieve this purpose. When evaluating the importance of job functions, consider the following issues:

• How frequently is the function performed?
• Does the job exist to perform this function?
• Who else is available to perform this function?
• What level of expertise or skill is required to perform this function?
• What’s the experience of previous or current employees in this job?
• What’s the amount of time spent performing this function?
• What are the consequences of failing to perform this function?
• What’s stated in the job description and employment advertisements?

Because determining essential functions is one of the least clear provisions of disability discrimination laws, you should take the following steps when doing so:

1. Document all important job functions. Maintain current, detailed job descriptions setting forth essential functions for each position. Tasks that can be transferred easily to another person and are not necessarily the heart of a job may not constitute essential functions. Employers who pare job descriptions down to core functions are more likely to prevail in litigation than those who insist that every traditional function of a job is essential.
2. Be accurate and realistic. Job descriptions or definitions should describe the position’s actual duties rather than the ideal set of duties.
3. Stay current. Many jobs change rapidly. Periodically review and update job descriptions to ensure accuracy.
4. Review job descriptions with employees. It’s always good for you to know what employees actually do and for employees to understand exactly what’s expected of them. Review a job’s essential functions with all employees to obtain their input and increase the job description’s accuracy.
5. Document agreement. After employees review the essential functions of their positions, document that they reviewed and agreed to the description of the job’s essential functions.

To help identify essential functions, use action words to describe an activity and draw a distinction between methods and results: Is the essential function moving a 50-pound box from one place to another, or is it carrying the box to a new location? Essential functions often need not be performed in one particular manner, unless doing otherwise would create an undue hardship. If a function must be performed in one particular manner, identify it, as this unique requirement may influence determining reasonable accommodations.

Physical Requirements

Due to the requirements of the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), it’s important to identify a job’s essential physical requirements. Describe the physical requirements in terms of the physical activity and degree of strength, flexibility and agility required, and the frequency and duration of the effort that must be exerted. This requirement shouldn’t be ignored and applies to both sedentary and non-sedentary positions.

Knowledge, Skills and Experience

List all knowledge, skills and experience necessary to perform the job. You may want to divide these components into requirements and preferences, as certain attributes may be absolutely required for a particular job, and other attributes may be desirable but not necessary.

Example: When hiring a medical case supervisor, a nursing degree might be required, though when hiring a supervising electrician, an electrical engineering degree might be desirable.

Except where absolutely necessary, avoid strict requirements that can prevent you from considering qualified candidates.

Example: Instead of a master’s degree in finance, you may be willing to substitute a bachelor’s degree in finance plus 10 years of professional experience.

The requirements listed on the job description must support the essential job functions and serve as the primary criteria for selecting or rejecting candidates. Remember that under the ADA and California's FEHA, you can’t refuse to hire a qualified candidate who meets a job’s requirements and whose disability can be reasonably accommodated.

Reporting Relationships

Each job occupies an important place in an organization. Each employee and others in contact with the employee must thoroughly understand that place. The job description should identify the position’s place in the organization’s chain of command, including the position(s) to which it reports and the position(s) reporting to it.

Financial Responsibility

If a position includes responsibility for a profit or cost center, some organizations prefer to quantify the extent of that responsibility. This aids the recruiter in evaluating the candidate’s previous level of responsibility and clearly defines the expectations for the candidate or employee.

Exempt or Nonexempt Status

The information gathered for the job description helps when determining if the position is likely to be exempt or nonexempt. The determination of exempt or nonexempt status — and, if applicable, which exemption applies — should be made prior to recruitment. For more information on properly classifying employees, see Exempt/Nonexempt.This determination has many implications, including ability to obtain a credit report for managerial positions. For more information, see Obtaining Credit Reports.

Job descriptions should be periodically reviewed to ensure that the actual job duties support classifying the employee as exempt or nonexempt.

• Use the sample Job Description to help you develop your own job descriptions.

• Job Description

1. Govt. Code sec. 12926(f)