Roy will present two training programs at this year’s National ADA Symposium.
Reasonable Accommodation (Session 1A) – 120 Minutes
This course begins with an orderly, issue-by-issue introduction to the practice of reasonable accommodation (RA). A checklist of practical, compliance-focused practices, which an absence or disability manager can include in her daily routine will be outlined. The narrative behind recent federal court settlements will be used as a quick illustration of the legal consequences of non-compliance. Participants are encouraged to bring questions and quandaries including, “What is the role of reasonable accommodation in a workers’ compensation case?” “If a medical restriction does not connect to a physical demand of the job, do I have to accommodation the individual?” “What do I do when a physician demands a specific accommodation solution such as an expensive chair or sit-stand station?” “Does my inability to read people’s minds turn into a non-compliance charge for failure to accommodate?”
Post Offer Testing & Functional Capacity Evaluation (5A) – 90 Minutes
Section 12112 (d) “medical examinations and inquiries” of the Americans with Disabilities Act Title I (ADA) lays the current legal foundation for all forms of employment testing including frequently used post-offer employment testing (POET) and functional capacity evaluation (FCE). POET examinations apply exclusively to individuals who have been offered a job and have not yet begun to work. An FCE, on the other hand, answers questions about safe return-to-work or stay-at-work after the onset of disease or injuries sustained during personal time off or on the job.
This course begins with a clear definition of “medical examination and inquiry” before introducing an explanation of when coverage under ADA Title I is triggered. The role and responsibilities of physicians and work evaluation specialists will be followed by a discussion of the need to address reasonable accommodation issues during testing.