McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501

How Is an “Essential Function” Defined?

A job’s core duties are defined as the “essential function,” meaning the reason the job exists. This is an important definition, because as long as the individual can perform these duties, they cannot be considered unqualified due to inability to perform incidental or unnecessary job functions.

Related FAQs

  • What is disability discrimination?

    Disability discrimination occurs when an employer treats a qualified individual less favorably than other employees or applicants because he or she has a disability.

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  • What Businesses Must Comply With the ADA?

    The Americans with Disabilities Act applies to all private employers with more than 15 employees, and all public employers regardless of the size. This means that these affected employers cannot discriminate against qualified individuals with disabilities.

  • What Employment Practices Does the ADA Cover?

    The ADA covers employment practices by prohibiting discrimination in hiring, firing, and job placement and training. This also means that wages and benefits must not be determined based on an employee’s disability.

    ADA Compliance in the Workplace

    ADA compliance in the workplace involves providing reasonable accommodations to employees with disabilities, ensuring barrier-free access to work facilities or resources, and treating all employees equally. Employers are prohibited from discriminating based on disability in all aspects of employment.

    What are the Rights of Employees Under the ADA?

    Employees under the ADA have the right to reasonable accommodations for their disabilities, provided these accommodations do not cause undue hardship to the employer. They are also entitled to privacy regarding their medical condition and the right to be free from discrimination based on disability in hiring, promotion, job assignment, and other employment practices.

    What are Employer Responsibilities Under the ADA?

    Employers are responsible for providing a discrimination-free workplace and making reasonable accommodations for employees with disabilities. This includes modifications to the work environment, adjustments in work policies, or provision of auxiliary aids. Employers must also engage in a good faith interactive process to identify suitable accommodations and cannot retaliate against employees for exercising their rights under the ADA.

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  • Who Is Protected by the ADA?

    Any qualified individual who can perform the essential function of the job, with or without reasonable accommodation, is protected against discrimination under the ADA.

  • Is My Employer Giving Me Reasonable Accommodations for My Injury/Disability?

    The NJLAD prohibits disability discrimination in the workplace. Although it does not expressly require employers to provide reasonable accommodations for injured employees, New Jersey courts have consistently held that employers are held to such an obligation under the law. After receiving notification of an employee’s disability, employers must work in good faith with their employees to come up with reasonable accommodations. They are required to provide disabled workers with light-duty work when it would not impose an undue hardship on the operation of the business. Additionally, a temporary leave of absence generally constitutes a reasonable accommodation under the NJLAD.

  • Can You Be Fired From a Job While on Leave With Disability?

    The Americans with Disabilities Act (ADA) protects workers from employment discrimination based on disability status. This means that your employer cannot fire you or refuse to hire you simply because of your disability. In real life, things are not that simple. The law contains protections for workers as well as for employers. It does not protect every disabled employee from being fired from any job at any time for any reason. The details of the employment termination make all the difference. It depends when, why, and under what circumstances the employer terminated the worker’s employment. If you think your employer has subjected you to unfair termination because of your disability, contact a New Jersey employment lawyer.

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