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Defining Essential and Marginal Functions for a Position Description per the Americans with Disabilities Act (ADA)

INTRODUCTION

According to the ADA, employers are required to make a complete list of all essential (major) and marginal (minor) functions for each position. Essential functions are defined as fundamental, key and necessary. Marginal functions are peripheral, incidental, and less important.

  1. ESSENTIAL

    As a guide to developing a list of the essential functions of a position, the following factors should be addressed.

    Purpose

    Ask the question, why was the position created? When the reason a position exists is to perform a particular function, it is considered essential. For example, a director needs an employee to maintain her calendar. Maintaining the calendar is one of the reasons why the job exists, so this function is considered essential.

    Percentage of Time Spent Performing Functions

    Consider the time spent performing the functions. Assign a percent of time to each. Generally, the more time spent performing a function, the more likely it is essential. For example, if 25% of a position is to advise students in all aspects of their academic careers, then this function is essential.

    A Function Performed Infrequently

    As stated above, the more time an employee spends performing a function, the more likely it is essential. The exception would be the consequence of failing to require a person to perform a function even though it is performed infrequently. For example, if something is spilled on the dining hall floor, a food service worker is required to immediately put out a "Wet Floor" sign and wipe up the spill though this is infrequently performed. The consequence of not performing this function is serious.

    Availability of Workforce

    Determine how many employees are available to perform the functions of the position. Assess the result if an employee holding the position is unable to perform a particular function. For example, there are two staff members providing clerical support in a busy office that requires each to perform many functions. One function is to serve as a receptionist. Because the staff is small compared to the volume of work, reorganizing the work might not be possible. If so, the reception work is essential. With a large staff, the same function might be marginal. In general, the fewer number of employees to perform a function, the more likely it is essential.

    Specialization

    Examine each function of a position to determine the extent to which it is highly specialized and whether a person is hired for special expertise. Some SAO IIIs in Student Affairs are campus experts because of their specialized area. This specialty is not found elsewhere on campus. For example, the Office of the Registrar has an SAO III who makes determinations about students’ residency eligibility. Consequently, this is essential.

  2. MARGINAL

    After the essential functions of a position are determined according to a review of the factors above, the remaining functions of the position are marginal.

  3. ESSENTIAL AND MARGINAL QUALIFICATIONS

Each essential function must be tied to a corresponding essential (required) qualification. Marginal functions are tied to marginal (preferred) qualifications.