ADA Essential Duties Documentation: Why Most Job Descriptions Fail and How to Fix Them

When an employee requests a reasonable accommodation under the ADA, the first question isn't whether the accommodation is reasonable. The first question is whether the employee can perform the essential functions of the job—with or without accommodation.

If you can't clearly define and document which functions are essential, you can't make defensible decisions about accommodations. And if you can't make defensible decisions, you face EEOC charges, litigation, and potential liability every time an accommodation request doesn't go smoothly.

The foundation of ADA compliance isn't your accommodation policy. It's your job descriptions. And most job descriptions are inadequate.

Why Job Descriptions Fail Under ADA Scrutiny

They Were Written for Recruiting, Not Compliance

Most job descriptions serve a single purpose: attracting candidates. They're written by hiring managers or recruiters who focus on selling the role—not on documenting the essential and marginal functions in a way that would satisfy an EEOC investigator.

Recruiting-oriented descriptions tend to:

• List qualifications (degree requirements, years of experience) rather than functions
• Use vague language ("excellent communication skills") instead of specific duties
• Include "other duties as assigned" as a catch-all
• Omit physical and cognitive requirements entirely
• Make every duty sound equally important

None of this helps when you need to determine whether a function is essential.

They're Outdated

The average job description is 3-5 years old. Jobs evolve. Technology changes the way work is performed. Organizational restructuring shifts responsibilities. The description that was accurate when it was written may bear little resemblance to the job as it's actually performed today.

When an EEOC investigator compares your job description to the employee's actual duties and finds discrepancies, the description loses credibility as evidence of what functions are truly essential.

They Don't Distinguish Essential from Marginal

The ADA draws a critical distinction between essential functions (must be performed) and marginal functions (could be redistributed or eliminated). Most job descriptions don't make this distinction. Every duty is listed as if it's equally important.

This matters because an employer is not required to eliminate an essential function as a reasonable accommodation. But marginal functions? Those can be redistributed to other employees as a reasonable accommodation. If your job description doesn't distinguish between the two, you'll struggle to argue that any particular function is essential rather than marginal.

They Overstate Physical Requirements

"Must be able to lift 50 pounds." Is this actually true? Does the job require lifting 50 pounds daily, weekly, yearly, or ever? If the employee lifts 50 pounds once a month and it could easily be done by a co-worker, is it really essential?

Overstated physical requirements create two problems:

1. They may screen out qualified applicants with disabilities (an ADA violation in itself)
2. When challenged, they undermine your credibility if the actual job doesn't require what the description states

How to Document Essential Functions Properly

Start with Job Analysis, Not Description Writing

Before writing a word of the job description, conduct a job analysis:

Interview incumbents: Ask employees currently in the role to describe what they do daily, weekly, monthly, and annually. Ask which tasks take the most time. Ask which tasks they consider most critical.

Interview supervisors: Ask supervisors what they would not hire someone to do. Ask what happens if a particular function isn't performed. Ask which functions are unique to this position versus shared across multiple positions.

Observe the work: Where feasible, observe employees performing the job. Note what they actually do—not what the manual says they should do.

Review performance standards: What are employees evaluated on? Functions that drive performance evaluations are likely essential.

Apply the EEOC's Essential Function Criteria

For each function, evaluate:

Does the position exist to perform this function? If you remove this function, does the job still have a reason to exist? If a data entry clerk's primary function is data entry, that function is essential because the position exists to perform it.

Are there a limited number of employees who can perform the function? In a small department, every person may need to perform certain tasks because there's no one else available. That makes those tasks more likely essential for each individual position.

Is the function highly specialized? Was the employee hired for their expertise in performing this specific function? A software developer hired for their Python skills has Python development as an essential function.

Document Physical and Cognitive Requirements Specifically

Replace vague statements with specific, measurable requirements:

Use the Right Structure

A compliant job description should include:

1. Position title and department
2. Position summary (2-3 sentences describing the role's primary purpose)
3. Essential functions (listed explicitly as "Essential Functions" with specific, measurable descriptions)
4. Marginal functions (listed separately, clearly identified as non-essential)
5. Physical requirements (specific demands with frequency and duration)
6. Cognitive requirements (specific mental demands)
7. Working conditions (environment, travel, schedule requirements)
8. Qualifications (minimum education, experience, certifications—separate from functions)
9. ADA statement: "Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions"

Timing Matters

The EEOC gives more weight to job descriptions that were written before an accommodation request or dispute arose. A description written or revised after an employee requests accommodation looks like it was tailored to deny the request.

Best practice: update all job descriptions on a regular schedule (annually or biennially), independent of any individual accommodation situation. This establishes that your essential function determinations were made proactively, not reactively.

The Interactive Process Connection

Proper essential function documentation directly enables the reasonable accommodation interactive process:

1. Employee requests accommodation: You know exactly which functions are essential, so you can focus the conversation on those
2. Medical provider input: You can provide the treating physician with a specific list of essential functions and their physical/cognitive demands, so the physician can make informed recommendations
3. Accommodation evaluation: You can evaluate whether a proposed accommodation would enable the employee to perform the essential functions—or whether it would require removing an essential function (which you're not required to do)
4. Documentation: Your decisions are defensible because they're grounded in documented essential functions, not ad hoc judgments

Without clear essential function documentation, the interactive process becomes a negotiation without clear boundaries. With it, you have a framework for making fair, consistent, and defensible decisions.

Common Scenarios

Scenario 1: Employee Requests Work-from-Home Accommodation

Without proper documentation: You're unsure whether physical presence is essential. You deny the request based on a general sense that the employee should be in the office. The employee files an EEOC charge.

With proper documentation: Your job description specifically identifies "participation in weekly in-person client meetings" as an essential function because clients require face-to-face interaction. You can offer alternative accommodations (modified schedule, ergonomic workstation, transportation assistance) while explaining why full-time remote work would eliminate an essential function.

Scenario 2: Employee Can't Perform Physical Task

Without proper documentation: The employee says they can't lift boxes. You're not sure how often lifting is actually required or whether it's truly essential. You either deny the accommodation (risking a lawsuit) or accept it (potentially creating precedent that the function isn't essential).

With proper documentation: Your job description states the position requires lifting boxes weighing up to 25 lbs from floor to shelf approximately 8 times per day. You engage in the interactive process, explore accommodations (assistive devices, task redistribution for the lifting component), and make a documented decision.

Scenario 3: Performance Management of Employee with Disability

Without proper documentation: You want to address an employee's performance issues, but the employee has a known disability. You're afraid that any performance action will be perceived as disability discrimination. You avoid the conversation, and performance continues to decline.

With proper documentation: Your essential functions are clearly defined with measurable performance standards. You can evaluate the employee's performance against those objective standards, engage in the interactive process if accommodation is needed, and take performance action if the employee cannot meet essential function requirements even with accommodation—all documented and defensible.

Annual Audit Process

Build an annual job description audit into your HR calendar:

1. Q1: Distribute current job descriptions to supervisors for review and update
2. Q2: Supervisors return updated descriptions with changes marked
3. Q3: HR reviews and standardizes format, ensures ADA-compliant language, verifies essential/marginal distinction
4. Q4: Updated descriptions are finalized and filed

This cadence ensures descriptions stay current and demonstrates an ongoing commitment to accurate essential function documentation—exactly what the EEOC wants to see.

How AlignSure Supports Essential Function Management

AlignSure provides structured workflows for essential function documentation:

• Job analysis templates: Guided process for identifying and classifying essential vs. marginal functions
• Physical requirements builder: Structured input for specific, measurable physical and cognitive demands
• Version management: All job description versions are retained with dates and change history
• Accommodation tracking: Interactive process documentation linked to essential function records
• Audit scheduling: Automated reminders for annual job description reviews

Integrated with Microsoft 365, so documentation lives in SharePoint, workflows run in Teams, and nothing requires a new platform.

Request an ADA compliance review to evaluate your essential function documentation.