The key to the long-term success of your functional capacity evaluation (FCE) and post-offer testing (POET) career is to adopt an examination and testing process accepted by the federal courts. No matter which commerical or home-grown evaluation ‘system’ you use, the following an Americans with Disabilities Act Title 1 process determines your compliance or non-compliance with the law.
This unique workshop delivers a practical foundation that minimizes your risk of federal non-compliance. As a result of this practical, knowledge-intensive training you will come away with a deep understanding of the premise and the purpose of work evaluation under ADA Title 1. And, no surprise, the purpose of Title 1 testing is not the same as an old-school focus on physical effort and categorization into a physical demand-level.
The premise of all functional capacity evaluation and post-offer tests under ADA Title I (see: 42 U.S. Code § 12112 – Medical Examinations and Inquiries) is that the work evaluator compares an individual to the specific physical and cognitive demands of the Essential Functions of the job to which he is attached or desires. The evaluation process must avoid inquiries that raise the specter of a disability or query family health and family work history. And each evaluation must include an effective response to a request for reasonable accommodation during the testing process.
This training will begin with an orientation to the current status of ADA Title I enforcement in the area of medical examination and inquiries (aka, Post-Offer Employment Testing and Functional Capacity Evaluation). Review of a large FCE legal settlement and a recently filed POET employment discrimination charge will orient the training to both private party and federal charges laid against our peers.
What Has Changed About Old-School Work Evaluation?
Each time you administer a functional capacity evaluation, a post-offer, preplacement test, a work hardening battery, or an evaluation for reasonable accommodation, you must provide next-step answers about the safe ability of an otherwise qualified individual to execute the specific physical and cognitive demands of the Essential Functions of the job to which the individual is attached or desires.
The process of administering an ADA Title 1 Medical Examination differs based on the reason for referral and the individuals’ phase of employment. The key to success is knowing how to match the purpose to the process allowed in each phase of employment. For example, while physical effort testing is administered in every functional capacity evaluation; it is not administered in a post-offer employment test. However, when used in an FCE, the use of effort test results must be handled very carefully. An unsophisticated work evaluator may easily fall into the trap of misapplying physical effort data to a work-ability decision. That is, one type of testing requires the ability to analyze results; the other requires a more sophisticated ability to analyze and apply the results to the purpose of the inquiry.
Legal compliance in an ADA Title 1 Functional Capacity Evaluation is different than in an old-school FCE. The roles and legality of physical effort testing are very different in one versus the other. Mismanagement routinely results in a significant EEOC or private settlement.
In Other Words
The intended outcome of this training is to equip the evaluator with a process that identifies the unique variables of each type of medical examination. Using the process roadmap, and with the nuances of the law understood, the evaluator can develop a test protocol in compliance with ADA Title 1. In other words, when you leave this training, you will know the questions not to ask based on the type of medical examination ordered. You will understand why a ‘technician’ should not be responsible for physical effort reporting or the work-ability decisions. It is very likely that you will redesign your practice’s ‘Safe for Evaluation and Delay of Testing’ policies. Likewise, with a new understanding of the role reasonable accommodation plays in every aspect of employment testing, you will update your knowledge and skill in ADA Title 1. And it is highly likely your marketing and sales team will soon be sitting in a training program about how to include reasonable accommodation in their conversations with customers.
Who Should Attend
The obvious beneficiaries of this process knowledge transfer are work evaluators and clinic owners. This course is also valuable to employment law attorneys who desire to know about the mechanisms of testing, ADA Coordinators (ADAC), and workers’ compensation risk and case management professionals.
- Physical Therapists
- Occupational Therapists
- Occupational Medicine Physicians
- Vocational Evaluators
- Workers’ Compensation Legal Counsel
- ADA Title I Legal Counsel
- Reasonable Accommodation Program Managers
The Venue – Online, Live
The online, live training will be held on Thursday, June 6 and Friday, June 7, 2019, from noon to 4 p.m. eastern. After you have registered for the course, details about how to access the broadcast will be emailed to you. Prior to the training, a package of ‘read ahead’ materials will be emailed to each student.
The Venue – Chicago (La Grange), Illinois
The training will be held at a local therapy and rehabilitation practice in LaGrange, Illinois. Details about local lodging and transportation are available upon request.
The training will begin at 8:30 a.m. will be complete no later than 4:30 p.m. each day.
Prior to the training, a package of ‘read ahead’ materials will be emailed to each student.
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Live, Online with Roy Matheson
June 6th and 7th
12.0 Contact Hours – $475
Chicago – September 20th and 21st
14.0 Contact Hours – $475
“I really love how the instructor is willing to stray from the syllabus a bit in order to address all of our concerns. Roy has a really good teaching style which makes me feel like he knows when a subject matter doesn’t sink in and he goes over and over it until it seems like the class can have a conversation about the topic.”