An Administrator's Guide to California Private School Law

Chapter 9 – Interactive Process: Employees and Students

 Third Factor: What is the degree of expertise or skill required to perform the function? This question usually applies to certain professions and highly skilled positions where a person is hired for his/her particular expertise or skill. The performance of that specialized task becomes an essential function.

Because of the different factors involved, the school should determine whether a job function is essential on a case by case basis. The school should consider all relevant evidence in making this determination, including, but not being limited to, the following evidence:

 Established job descriptions (although not required by the California Code of Regulations, they are important in the process of determining essential job functions and should therefore be kept up to date);  Employer’s judgment as to what functions are essential;  Work experiences of past employees holding the job;  Work experiences of current employees holding the job or similar jobs;  Time spent in performing the particular function;  Consequences of the failure to require the employee to perform a particular function.  Reference to the function in performance reviews. 1461

The inquiry into essential functions is not intended to second guess the employer’s judgment regarding production or work standards. The employer may, however, be required to show that it actually imposes those standards, rather than merely setting them out on paper. 3. C ASE E XAMPLES T HAT A NALYZE E SSENTIAL F UNCTIONS A ND R EASONABLE A CCOMMODATIONS I N T HE W ORKPLACE A cashier at a grocery store was unable to attend work on a regular basis due to his anxiety condition. 1462 Since regular and predictable attendance was an essential function of his job as a cashier, he was not a “qualified individual” with a disability under the FEHA. A pharmacist was unable to give immunization injections to customers due to his trypanophobia, or a fear of needles. 1463 Since giving immunization injections was an essential function of his job as a pharmacist, as set forth in his job description, he was not a “qualified individual” with a disability under the ADA. A reasonable accommodation did not exist for a bus driver whose diabetes, heart condition, and hypertension put him at risk of losing consciousness. 1464 Since driving was an essential function of his job as a bus driver, he was not a “qualified individual” with a disability under the ADA. An employee with panic disorder and extreme anxiety was not a qualified individual under the ADA since the employee could not perform the essential functions of her job as an inquiry correspondent. 1465 Persons in the position of inquiry correspondent spent almost all of their time

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