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DocuSign Envelope ID:6E9B5308-6677-4F2E-9268-29D6E1A4FD76 <br /> i. <br /> Job Analysis CONFIDENTIAL <br /> A job analysis should be performed prior to testing to determine the essential functions of <br /> each position to be tested, and to help accurately establish qualifying criteria. <br /> Why must a lob anahVsis be performed prior-to testing`? <br /> When using medical information obtained from a functional employment test to make an. employment <br /> decision, the ADA requires that an employer base any such employment decision on the individual's <br /> ability to perform the essential job functions with or without a reasonable accommodation. An eiployer <br /> cannot snake such a determination unless-the essential job functions have been identified. <br /> What Employers Should Know About The Tob Analysis Process <br /> Since the.e accurate identification of essential .functions is critical to ensure that employment <br /> decisions are ADA compliant, employers must provide accurate information to the licensed <br /> WokSTEPS® representative conducting the job analysis and employers must review the <br /> information presented in the job analysis prepared by the licensed`WorkSTOW.representative to <br /> ensure its accuracy. <br /> The EEOC has provided guidance in its Technical Assistance Manual and implementing <br /> regulations to assist employers in identifying essential job functions. <br /> Essential Functions are "the fundamental job duties of the employment position." 29 C.F.R. § <br /> 163.0.2(n). <br /> The EEOC provides that an essential function determination is a "factual determination that must be <br /> made on a case by case basis"considering all relevant evidence, 29 ORR,Appendix § 1630.2(n). <br /> The regulations provide guidance on why a job function may be considered essential. Noting the list is <br /> not all inclusive, the EEOC provides the following examples of reasons a job function might be <br /> considered .essential; "(i) The function may be essential because the reason the position exists is to <br /> perform that function; (ii) The function may be essential because of the limited number of employees <br /> available among whom the performance of that job function can be distributed; and/or (iii) The function <br /> may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability { <br /> to perform the particular function." 29 C.F.R. § 1630.2(n)(2). <br /> Further guidance is provided on what will be considered as evidence that a job function.is essential, <br /> Evidence of whether a particular function is essential includes,but is not limited to: <br /> (i) The employer's judgment as to which functions are essential-; <br /> (ii)Written job descriptions prepared before advertising or interviewing candidates for the job; <br /> (iii) The amount of time spent on the.job performing the function; <br /> (iv) The consequences of not requiring the incumbent to perform the function; <br /> (y) The terms of a collective bargaining agreement; <br /> (vi) The work experience of past incumbents in the job, and/or <br /> (vii)The.current work experience of incumbents in similar jobs. <br /> 29 C.F.R, § 1630.2(n)(2) <br /> In the EEOC's Technical Assistance Manual, the EEOC recognized that the "nature of the work <br /> operation" and "organizational structure" of the employer may also be relevant factors in an essential <br /> function determination. EEOC Technical Assistance Manual,_11 at 18 (1992), <br />