9th Cir. Model Jury Instr. (Civil) 12.8

“An essential function of an employment position” means the fundamental job duties of the employment position that the plaintiff holds or desires. It does not include the marginal functions that may occur through the course of a job.

You must consider the employer’s judgment as to what functions of a job are essential. If any employer has prepared a written description before advertising or interviewing applicants for the job, this description is evidence of the essential functions of the job.

Other factors that may bear upon whether a job function is essential include, but are not limited to:

(1) [whether the reason the position exists is to perform that function][;]

(2) [whether there are a limited number of employees available among whom the performance of that job function can be distributed][;]

(3) [whether the job function is highly specialized, and the person in that particular position is hired for [his] [her] [other pronoun] expertise or ability to perform the particular function][;]

(4) [the amount of time spent performing the job function][;]

(5) [the consequences of not requiring the individual holding the position to perform the function][;]

(6) [the terms of any collective bargaining agreement][;]

(7) [the work experience of past employees who have held the position][;] [and]

(8) [the work experience of current employees who hold similar positions].