How are collective bargaining agreements relevant to the essential function analysis?
A. Where a collective bargaining agreement lists duties to be performed in particular jobs, the terms of the agreement may provide evidence of essential functions. However, like a position description, the agreement would be considered along with other evidence, such as the actual duties performed by people in these jobs. Q. How should employers evaluate the work experience of people who have performed a job in the past and work experience of people who currently perform similar jobs? A. The work experience of previous employees in a job and the experience of current employees in similar jobs provide pragmatic evidence of actual duties performed. The employer should consult such employees and observe their work operations to identify essential job functions, since the tasks actually performed provide significant evidence of these functions. Q. Are there other relevant factors regarding the essential function determination? A. The nature of the work operation and the employer’s organiza
