What are Essential Functions?

Essential functions are the basic job duties that an employee must be able to perform, with or without reasonable accommodation. When hiring a new employee, finalists for any position must be able to successfully perform the essential functions of the position which have been clearly defined in the job description. Employers must be vigilant that the hiring process does not violate Title I of the Americans with Disability Act (ADA) which protects qualified individuals with disabilities from employment discrimination. Under the ADA, a person has a disability if he/she has a physical or mental impairment that substantially limits a major life activity. An individual with a disability must be qualified to perform the essential functions of a specific job with or without reasonable accommodation in order to be protected by the ADA. In the State of Montana, ADA applies to any employer with an employee. See information on the ADA process in section 3.201.4 or reach out to MMIA or your city attorney for guidance. When considering an individual for an open position, municipalities should take the following items into consideration:

• The individual must satisfy the job requirements for educational background, employment experience, skills, licenses and any other qualification standards that are job related; and the individual must be able to perform those tasks that are essential to the job, with or without reasonable accommodation. 

• The ADA does not interfere with the employer’s right to hire the best qualified applicant. It simply prohibits employers from discriminating against a qualified applicant because of a disability.

• Questions regarding whether or not an aspect of a job is essential and should or should not be accommodated should be researched with the city/town attorney before a decision is made.