What Is Job Restructuring?

As a reasonable accommodation, job restructuring may involve redistribution or reallocation of the marginal functions related to a job.

The employer is not under a legal obligation to restructure essential job functions as part of a reasonable accommodation. However, a notable point is that although reallocation of essential job function is not mandatory, in some situations it may be a reasonable accommodation to adjust the essential job functions simply by changing how or when they are done.

How to determine whether a job function is essential or marginal

A function that is directly relevant and extremely important to the performance of a job would be considered an essential job function. A marginal job function is a task that is not critical or central to the performance of a job. When assessing whether a job function is essential or marginal, and whether you should request your employer for job restricting, you should evaluate the following questions:

• What is mentioned in your job description?
• What percentage of your work time goes into doing this task?
• What consequences may result if you did not perform this task?
• Did the workers who previously held the same position always do this task?
• Do all other workers in similar jobs currently do this task?
• What is your employer’s view on this?

For example, imagine a company has two data processing operators. The essential function of this job involves using the computer, while the marginal function involves using the phone.

If one of the data processing operators has a speech disability, the employer might reasonably move the phone-related marginal function to the other employee in exchange for doing the filing tasks of that employee. The employer does not have an obligation to reassign or modify the essential job function of computer operation.

Adjusting how or when an essential job function is performed

Where it is possible to change how or when an essential job function is performed, it would be considered a reasonable accommodation. Employers are required to make such adjustments even for essential functions. This type of job restructuring will include:

• Reassigning the tasks among co-workers: The data processing operator example discussed in the previous section of this article can apply here.
• Removal of non-essential tasks: For example, a mail clerk can be asked to avoid traveling the post office early in the morning, and simply wait for the delivery of mail at regular time.
• Reassign site visits: For example, a repair technician using a wheelchair can be assigned accessible sites, while another worker without mobility impairment may be assigned other sites.
• Work-from-home: If the traditional office is inaccessible, a surveyor could make the daily calls from home on a designated phone line rather than having to visit office everyday to make the required calls.

Accommodating the employee in original job position

When an employee returns to work after a disability-related workplace injury, the employer cannot unilaterally reassign them to a different job position. The employer is first required to evaluate whether the worker can perform the essential functions of their original job position, with or without reasonable accommodation.

Reassigning to a different position must only be a secondary option when it is not possible to accommodate the original position’s essential job functions reasonably.

Reassigning to an equivalent job position

An employee who can no longer perform the essential job functions of their original position even with reasonable accommodation following a disability-related workplace injury must be reassigned to an equivalent vacant job position.

If no such job vacancy exists (in terms of qualifications, pay and status), only then the employer may reassign the worker to a lower graded job position, which they are qualified to perform without undue hardship.