ADA Essential Duties Validation Checklist: Document Job Functions That Withstand Legal Scrutiny

The Americans with Disabilities Act requires employers to provide reasonable accommodations to qualified individuals with disabilities—but only for employees who can perform the essential functions of the job with or without accommodation.

That phrase—"essential functions"—is where most ADA disputes begin. If you can't clearly demonstrate which duties are essential and why, you lose the ability to make defensible accommodation decisions. The EEOC, courts, and plaintiffs' attorneys will all scrutinize your essential function documentation. Vague job descriptions and informal understandings won't survive that scrutiny.

This checklist provides a structured process for documenting essential job functions that meet the EEOC's criteria and hold up in litigation.

Part 1: Understanding Essential Functions

What Makes a Function "Essential"

Under the ADA and EEOC guidelines, a job function is essential if:

• The position exists to perform that function. A proofreader's essential function is proofreading. If you remove that duty, the position has no reason to exist.
• There are a limited number of employees available to perform the function. In a small team, every person may need to perform certain tasks because there's no one else to do them.
• The function is highly specialized. The person was hired specifically for their expertise in performing that function.

Evidence the EEOC Considers

The EEOC evaluates essential functions based on these evidence categories. Document each:

• Employer's judgment: Your written determination of which functions are essential (this receives deference but is not dispositive)
• Written job descriptions prepared before advertising or interviewing: Pre-hire job descriptions carry more weight than post-dispute revisions
• Amount of time spent performing the function: Functions performed frequently are more likely essential, though time alone is not determinative
• Consequences of not requiring the function: What happens if the function is not performed? Does the operation fail?
• Work experience of past incumbents: Did previous employees in the role perform this function?
• Work experience of current incumbents: Do all current employees in the role perform this function?
• Terms of a collective bargaining agreement: If applicable, what functions does the CBA require?

Part 2: Job Analysis Process

Step 1: Identify All Job Functions

For each position in your organization, document every function the position performs:

• List all duties currently performed by employees in the position
• Review existing job descriptions for listed duties
• Interview current incumbents about daily, weekly, monthly, and annual tasks
• Interview direct supervisors about expected duties and performance standards
• Observe employees performing the work (where feasible)
• Review any relevant industry standards or regulatory requirements for the position

Step 2: Classify Functions as Essential or Marginal

For each identified function, apply the essential function test:

Essential Function Validation Questions:

• Would removing this function fundamentally change the job?
• Was the employee hired specifically to perform this function?
• Are there other employees available to perform this function if it were removed from this position?
• What degree of expertise or skill is required to perform this function?
• What is the frequency of performing this function (daily, weekly, monthly, rarely)?
• What are the consequences if this function is not performed?
• Have past incumbents performed this function?

Classification:

• If most answers indicate the function is critical to the position's existence → Essential
• If the function could be redistributed or is performed infrequently with minimal consequence → Marginal

Step 3: Document Physical and Mental Requirements

For each essential function, document the specific physical and mental demands:

Physical Requirements:

• Lifting requirements (maximum weight, frequency)
• Standing/walking/sitting duration
• Reaching, bending, stooping, kneeling, crouching
• Fine motor skills (typing, grasping, manipulating small objects)
• Visual acuity requirements (specific to the task, not general vision)
• Hearing requirements (specific to the task, not general hearing)
• Speaking requirements
• Environmental conditions (temperature, noise, outdoor exposure)

Cognitive Requirements:

• Concentration and attention span requirements
• Decision-making authority and complexity
• Communication requirements (written, verbal, customer-facing)
• Mathematical or analytical reasoning
• Computer or technology proficiency requirements
• Ability to work independently vs. with supervision

Document specifically, not generically. "Must lift 50 pounds" is inadequate. "Must lift boxes weighing up to 50 pounds from floor level to a 4-foot shelf, approximately 15 times per shift" is defensible.

Step 4: Establish Performance Standards

For each essential function, define measurable performance standards:

• What constitutes satisfactory performance of this function?
• What is the minimum acceptable quantity or quality?
• What are the time requirements or deadlines?
• Are there regulatory or safety standards that define acceptable performance?
• How is performance measured and by whom?

Part 3: Job Description Audit

Review Existing Job Descriptions

Audit every job description in your organization against these criteria:

• Date: When was the description last updated? Descriptions older than 2 years should be reviewed.
• Essential vs. marginal functions: Does the description clearly distinguish between essential and marginal functions?
• Physical requirements: Are physical demands documented specifically (not "must be able to perform physical requirements of the position")?
• Qualifications vs. functions: Does the description distinguish between job qualifications (education, certifications) and essential functions (tasks performed)?
• ADA language: Does the description include appropriate ADA-compliant language (e.g., "with or without reasonable accommodation")?
• Accuracy: Does the description reflect the job as it is actually performed today, not as it was performed years ago?

Red Flags in Existing Job Descriptions

Watch for these common problems that create ADA liability:

• Overstated physical requirements: Requiring "heavy lifting" when the job rarely requires lifting anything
• Vague function descriptions: "Other duties as assigned" listed as an essential function
• Qualification inflation: Requiring a college degree for a position that doesn't actually require one
• Blanket physical standards: "Must be able to see, hear, and speak" when the job doesn't require all three
• Missing marginal functions: Listing only major duties without acknowledging that some are marginal
• Outdated descriptions: Functions that were essential in a previous version of the role but are no longer performed

Part 4: Reasonable Accommodation Process

When an employee or applicant requests accommodation, follow this structured process:

Step 1: Recognize the Request

• A request for accommodation does not require specific words. "I'm having trouble with [task] because of my [condition]" is a request.
• Train supervisors and HR to recognize accommodation requests
• Document the date the request was received and by whom
• Acknowledge the request in writing within 3 business days

Step 2: Initiate the Interactive Process

The ADA requires an interactive process between the employer and the employee to identify effective accommodations:

• Schedule a meeting with the employee to discuss their limitations and needs
• Request medical documentation that describes the functional limitations (not the diagnosis—you are generally not entitled to know the specific medical condition)
• Review the essential functions of the position
• Identify which essential functions the employee cannot perform due to their disability
• Brainstorm potential accommodations with the employee
• Consult the Job Accommodation Network (JAN) at askjan.org for accommodation ideas

Step 3: Evaluate Accommodation Options

For each potential accommodation:

• Will the accommodation enable the employee to perform the essential functions of the job?
• Does the accommodation create an undue hardship for the employer? (This is a very high bar—the EEOC considers the employer's overall resources, not just the cost of the accommodation)
• Does the accommodation pose a direct threat to the health or safety of the employee or others?
• Is there a more effective accommodation that the employee prefers?
• Has this accommodation been provided to other employees in similar situations?

Step 4: Implement and Document

• Confirm the selected accommodation in writing
• Set a timeline for implementation
• Identify who is responsible for implementing the accommodation
• Schedule a follow-up to assess effectiveness (typically 30-60 days)
• Document the entire interactive process, including options considered and reasons for the final decision

Step 5: Monitor and Adjust

• Check in with the employee at the scheduled follow-up
• Assess whether the accommodation is enabling the employee to perform essential functions
• If the accommodation is not effective, restart the interactive process to identify alternatives
• Document all follow-up conversations and adjustments

Part 5: Common Accommodation Categories

Use this reference when evaluating accommodation options:

Schedule Modifications

• Modified start/end times
• Compressed work weeks
• Part-time schedule (if feasible)
• Additional break time
• Leave for medical appointments

Workplace Modifications

• Ergonomic furniture or equipment
• Accessible workspace layout
• Modified lighting or noise reduction
• Reserved parking
• Remote work (partial or full)

Job Restructuring

• Redistributing marginal functions to other employees
• Modifying how an essential function is performed (not removing it)
• Providing assistive technology
• Modifying workplace policies (e.g., allowing a water bottle at a workstation)

Reassignment

• Transfer to a vacant position the employee is qualified to perform (last resort, not first option)

Part 6: Record Retention and Audit Readiness

What to Retain

• All versions of job descriptions (including pre-hire versions)
• Job analysis documentation
• Accommodation request records
• Interactive process documentation
• Medical documentation (stored separately from personnel files per ADA requirements)
• Accommodation implementation records
• Follow-up assessment records
• Denial records with documented reasons

Retention Periods

• ADA accommodation records: Retain for the duration of employment plus 3 years (consistent with EEOC charge-filing period)
• Job descriptions: Retain all versions indefinitely (they serve as evidence of employer intent at the time of creation)
• Medical records: Store in a separate, confidential file with restricted access (ADA requirement)

Audit Readiness Checklist

• Can you produce the current job description for any position within 24 hours?
• Can you demonstrate that essential functions were determined before a dispute arose?
• Can you show that your interactive process was documented at each step?
• Can you demonstrate that accommodations were evaluated in good faith?
• Are medical records stored separately from personnel files?
• Is there an audit trail showing who accessed medical records?

How AlignSure Automates Essential Duties Validation

AlignSure provides systematic job function documentation and accommodation tracking:

• Job analysis workflows: Guided process for documenting essential and marginal functions with EEOC-aligned criteria
• Physical requirements documentation: Structured templates for specific physical and cognitive demand documentation
• Accommodation tracking: Digital workflows for the interactive process with complete audit trails
• Medical record segregation: Separate, access-controlled storage for medical documentation
• Dashboard reporting: Real-time visibility into accommodation requests, status, and outcomes
• Compliance alerts: Automated reminders for follow-up assessments and documentation deadlines

All documentation integrates with your Microsoft 365 environment for seamless access and collaboration.

Next Steps

1. Audit your job descriptions: Start with your highest-risk positions (those most likely to receive accommodation requests)
2. Train your supervisors: Ensure every manager knows how to recognize an accommodation request and initiate the process
3. Establish your interactive process: Document a written procedure before you need it
4. Build your accommodation toolkit: Identify common accommodations for your industry and have them ready to discuss

Request an ADA compliance assessment to evaluate your essential function documentation and accommodation process.