Some General Guidelines
- Establish the needed job qualifications, including requirements related
to: education; skills; work experience; licenses or certifications;
physical or mental abilities; health and safety; or other requirements
such as judgment, ability to work under pressure, or interpersonal skills.
- Focus on the essential functions of a job. This is an important nondiscrimination
- Essential qualifications and selection criteria must be job related
and consistent with business necessity.
- Essential qualifications and selection criteria must be legitimate
measures for the specific job they are being used for. It is not enough
that it measures qualifications for a general class of jobs.
Demonstrate that functions are essential
- An employer's judgment as to which functions are essential is important
- A written job description prepared before advertising or interviewing
applicants for a job will be considered as evidence along with other
- The amount of time spent performing the function would be evidence.
- The consequences of not requiring a person in this job to perform
a function is an important factor that will be considered. Sometimes
a function that is performed infrequently may be essential, because
there will be serious consequences if it is not performed.
- Where a collective bargaining agreement lists duties to be performed
in particular jobs, the terms of the agreement may provide evidence
of essential functions.