A disabled employee has the legal right to work if they can still perform their essential job function
Under current labor laws, an employer must make reasonable accommodations for a worker that is currently disabled but can still perform their essential job function, so long as it does not result in an unreasonable detriment to the employer.
The essential job function rule protects disabled workers from discrimination due to their current circumstances.
An essential job worker must conduct services and operations that are essential to the labor capacity of their job.
As of 2021, essential job function law includes:
- Responding to telephone inquiries and guiding callers to the proper extension.
- Recording messages for department personnel.
- Serving clients and customers within the workplace.
Notwithstanding, an employee who cannot perform essential job functions, even with reasonable accommodations provided by the employer, can be legally disqualified from the job and is not protected from disability employment discrimination laws.
