Essential Functions Under The PWFA

To be a qualified employee under the PWFA, the worker must be able to perform all of the job's essential functions, either now or in the near future. The PWFA regulations defining “essential functions“ adopt the language used in the EEOC's ADA regulations. Thus, essential functions are fundamental job duties, not the marginal functions of the job. For example, essential functions of a cashier are to take payments, make change, and bag customer purchases. A marginal function might be to shovel the sidewalk outside the store entrance after a snowfall. All employment decisions must be based on a person's present ability to do essential job functions, not on speculation about future capability. Maintaining human resources compliance throughout this assessment is a key duty for an HR Generalist. The first considerations in evaluating whether a function is essential are:

• Does the position exist to perform that function?
• Who else is available to perform the function?
• What is the required degree of expertise or skill?

In making the determination, EEOC and the courts will look at the following evidence, which often involves labor law interpretations:

• The employer's judgment as to which functions are essential
• Written job descriptions prepared before advertising or interviewing applicants for the job
• The amount of time that would be spent on the job performing the function during the time the requested accommodation will be in effect
• The consequences of not requiring the incumbent to perform the function
• The terms of a collective bargaining agreement
• The work experience of past incumbents in the job
• The current work experience of incumbents in similar jobs

Note: This is an excerpt from our Pregnant Workers Fairness Act Training & Certification Program.