CACI No. 2543

(Gov. Code, §§ 12926(f), 12940(a)(1))

In deciding whether a job duty is essential, you may consider, among

other factors, the following:

a. Whether the reason the job exists is to perform that duty;

b. Whether there is a limited number of employees available who

can perform that duty;

c. Whether the job duty is highly specialized so that the person

currently holding the position was hired for the person’s expertise

or ability to perform the particular duty.

Evidence of whether a particular duty is essential includes, but is not

limited to, the following:

a. [Name of defendant]’s judgment as to which functions are

essential;

b. Written job descriptions prepared before advertising or

interviewing applicants for the job;

c. The amount of time spent on the job performing the duty;

d. The consequences of not requiring the person currently holding

the position to perform the duty;

e. The terms of a collective bargaining agreement;

f. The work experiences of past persons holding the job;

g. The current work experience of persons holding similar jobs;

h. Reference to the importance of the job in prior performance

reviews.

“Essential job duties” do not include the marginal duties of the position.

“Marginal duties” are those that, if not performed would not eliminate

the need for the job, or those that could be readily performed by

another employee, or those that could be performed in another way.

New September 2003; Revoked June 2013; Restored and Revised December 2013;

Revised May 2020