of the essential functions of the job.” (Note: The strikeovers relate to the changes made to the ADA by the new ADAAA.) (The ADA Amendments Act, 2008).
The EEOC provides more guidance on defining essential functions in its publi- cation, The ADA: Your Responsibilities as an Employer – Addendum.
8.3.3 How Are Essential Functions Determined?
Essential functions are the basic job duties that an employee must be able to per- form, with or without reasonable accommodation. You should carefully examine each job to determine which functions or tasks are essential to performance. This is particularly important before taking an employment action such as recruiting, advertising, hiring, promoting, or firing.
Factors to consider in determining if a function is essential include the following:
Whether the reason the position exists is to perform that function;
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The number of other employees available to perform the function or among
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whom the performance of the function can be distributed; and
The degree of expertise or skill required to perform the function (The ADA:
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Your Responsibilities as an Employer- Addendum, 2008).
Your judgment as to which functions are essential, and a written job description prepared before advertising or interviewing for a job will be considered by EEOC as evidence of essential functions. Other kinds of evidence that EEOC will consider include the following:
The actual work experience of present or past employees in the job;
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The time spent performing a function;
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The consequences of not requiring that an employee perform a function;
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The terms of a collective bargaining agreement (The ADA: Your Responsibilities
•
as an Employer – Addendum, 2008).
The guidance from the EEOC clearly encourages an employer to develop accurate job descriptions with significant detail. It also speaks to the essential functions of the job. While there are many proprietary job analysis systems available, where do employers go to get the background material to help assure they are addressing the job dimensions properly? There are two good sources from the USDOL. The first is the “original” database of job information called the DOT and the second is the USDOL’s “new” O*NET.
each worker trait. The USDOL developed this document to act as a guide for users developing job descriptions using the DOT traits. While revised periodically, the DOT was last published in 1991 and was replaced by O*NET. With the decision to replace the DOT, its companion book The Revised Handbook for Analyzing Jobs is no longer published by the USDOL. This book provided detailed descriptive infor- mation about how to measure each of the worker traits found in the DOT.
Since this book focuses on issues of mental health in the work place, there are several key areas of DOT worker traits that relate more specifically to those limitations.
8.4.1 Temperaments
“The category Temperaments is one of the components of job analysis because different job situations call for different personality traits on the part of the worker. Experience in placing individuals in jobs indicates that the degree to which the worker can adapt to work situations is often a determining factor for success. A person’s dissatisfaction or failure to perform adequately may be attrib- uted to an inability to adapt to a work situation rather than to an inability to learn and carry out job duties.”
The 11 temperament factors are defined below. Following each definition are examples of worker activities, which illustrate the Temperament Table 8.1.
8.4.2 Procedure for Rating Temperaments
Evaluate the work activities of the job for applicability of the temperament factors by referring to the definitions of the factors. Select the factors that are considered important in relation to the kinds of adjustments that the worker must make for successful job performance. Do not assign temperaments based on incidental work activities. Some simple jobs may require the worker to adjust to only one tempera- ment factor, while other jobs may require adjustment to several. In Item 9 of the JAR, enter the letter designation(s) of temperament factor(s) considered to be important in relation to the kinds of adjustments that the worker must make for successful job performance (Hillsdale, 1992).
The DOT is now 18 years old and some of the descriptive information about jobs was last revised in 1977 ). Additionally, the DOT was not designed for disability determination purposes. However, the SSA still relies on the DOT for disability determinations. They have created Occupational Information for Disability Advisory Panel (4) to evaluate solutions for SSA to replace the DOT. They have just begun their work and have not yet published even preliminary findings.
Looking at the development time for O*NET, the SSA solution is many years off.
The USDOL no longer supports the DOT and advises users to be cautious because of the age of the DOT data. Expert users of the DOT job data will still use the DOT recognizing the limitations because of its global use and that many other professionals are familiar with its terms. Sedentary, medium, light, heavy, and very heavy work are the recognized terms describing work by medical professionals, workers compensation systems, and the courts.
Table 8.1 O*Net Temperament factors
D DIRECTING, Controlling, or Planning Activities of Other: Involves accepting responsibility for formulating plans, designs, practices, policies, methods, regulations, and procedures for operations or projects; negotiating with individuals or groups for agreements or contracts; and supervising subordinate workers to implement plans and control activities
R Performing REPETITIVE or Short-Cycle Work: Involves performing a few routine and uninvolved tasks over and over again according to set procedures, sequence, or pace with little opportunity for diversion or interruption. Interaction with people is included when it is routine, continual, or prescribed
I INFLUENCING People in their Opinions, Attitudes, and Judgments: Involves writing, demonstrating, or speaking to persuade and motivate people to change their attitudes or opinions, participate in a particular activity, or purchase a specific commodity or service V Performing a VARIETY of Duties: Involves frequent changes of tasks involving
different aptitudes, technologies, techniques, procedures, working conditions, physical demands, or degrees of attentiveness without loss of efficiency or composure. The involvement of the worker in two or more work fields may be a clue that this temperament is required
E EXPRESSING Personal Feelings: Involves creativity and self-expression in interpreting feelings, ideas, or facts in terms of a personal viewpoint; treating a subject
imaginatively rather than literally; reflecting original ideas or feelings in writing, painting, composing, sculpting, decorating, or inventing; or interpreting works of others by arranging, conducting, playing musical instruments, choreographing, acting, directing, analyzing, or editorializing
A Working ALONE or Apart in Physical Isolation from Others: Involves working in an environment that regularly precludes face-to-face interpersonal relationships for extended periods of time due to physical barriers or distances involved
S Performing Effectively Under STRESS: Involves coping with circumstances dangerous to the worker or others
T Attaining Precise Set Limits, TOLERANCES, and Standards: Involves adhering to and achieving exact levels of performance; using precision measuring instruments, tools, and machines to attain precise dimensions; preparing exact verbal and numerical records; and complying with precise instruments and specifications for materials, methods, procedures, and techniques to attain specified standards
U Working UNDER Specific Instructions: Performing tasks only under specific instructions, allowing little or no room for independent action or judgment in working out job problems
P Dealing with PEOPLE: Involves interpersonal relationships in job situations beyond receiving work instructions
J Making JUDGMENTS and Decisions: Involves solving problems, making evaluations, or reaching conclusions based on subjective or objective criteria, such as the five senses, knowledge, past experiences, or quantifiable or factual data