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ARTICLE · 17 NOVEMBER 2022

Rarely-Performed Duties Can Still Be Essential Ones Under The ADA

I have another HR tip related to yesterday's blog post and accommodating employees under the Americans with Disabilities Act and what counts as an essential job function.

United StatesEmployment and HR

I have another HR tip related to yesterday's blog post and accommodating employees under the Americans with Disabilities Act and what counts as an essential job function.

Generally, the essential functions of the job are the ones that employees perform the most. However, there are situations where rarely-performed tasks can be essential too.

For example, if I hire an employee to shovel snow at my company's Honolulu office, there may not be much for them to do on most days, weeks, or even years.

But I'll tell you what? When the ten-day forecast calls for snow, that employee better not tell me that they can't perform the job because of their bad back.

Yes, I'll engage in an interactive good-faith dialogue to see how I can accommodate the employee without undue hardship. But the accommodation won't involve removing snow removal from the employee's required duties because it is essential.

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