ADA Title 1 Implications for FCE and POET Practitioners

by | May 1, 2019 | Training Courses Rehab Professionals

Functional Capacity Evaluation (FCE), Post-Offer Employment Testing (POET), Work Hardening (WH), and Job Analysis (JA) services must be upgraded to reflect federal court practice guidelines. Modeling your work evaluation services on an Americans with Disabilities Act Title 1 process accepted by the federal court is key to the continued success and growth of your work evaluation practice.

The intended outcome of this training is to equip you to navigate through the unique variables of each type of ADA Title 1 Medical Examination.

Special Topics – FCE, POET, WH, and JA

The course curriculum is sprinkled with over a dozen “special topics” gleaned from a study of both negative and positive federal court opinions. The purpose of these topics is to call specific attention to needed changes in clinical practice as deduced from this study.

ADA Title 1 FCE and POET Course Content


     Standing at the Intersection

Background Concepts

     The Focus in on the Qualified Individual

     The Phases of Employment

     The ADA is Blind to the Source of Impairment

     Title 1 of the ADA and Social Security

     ADA Title 1 Applies to Workers’ Compensation Medical Examinations

     ADA Title 1 is a Process Law

     Guidelines for Allowed Medical Examinations and Inquiries from the Federal Court

A Review of Selected Sections of ADA Title I with Special Topics

  •  12102. Definition of disability

     Special Topic – Impairment versus Disability

     Special Topic – Disability versus Work-Related Disability

      (2) Major life activities

      (B) Major bodily functions

      (3) Regarded as having such an impairment

Subchapter 1 – Employment

  • 12111. Definitions

     (2) Covered entity

      (3) Direct threat

      (4) Employee

      (5) Employer

      (8) Qualified individual

     Special Topic – The Purpose of Employment Testing Under ADA Title 1

     (9) Reasonable accommodation

     (10) Undue hardship

     Special Topic – Your Reasonable Accommodation Boundary

  • 12112. Discrimination

      (a) General rule

      (b) Construction

     Special Topic – Delaying Testing Based on Safety and Readiness for Testing Issues

     Special Topic – Reasonable Accommodation Response to Low Levels of Effort

     Special Topic – Physical Effort Testing and the Work Ability Decision

     Special Topic – Self-Limiting Behavior in ADA Title 1 Medical Examinations

      (d) Medical examinations and inquiries

      (2) Preemployment

      (B) Acceptable inquiry

      (3) Employment entrance examination

     (4) Examination and inquiry

     (B) Acceptable examinations and inquiries

     Special Topic – Reasonable Accommodation and Undue Hardship in Testing

     Special Topic – Comparing an Individual to Proprietary Data Base

  • 12113. Defenses

     (a) In general

     (b) Qualification standards

     (c) Qualification standards and tests related to uncorrected vision

Describing the Position Sought or Held in ADA Title 1 Terms

     Systems of Task and Job Analysis

     Position Statement on The Revised Handbook for Analyzing Jobs Method of Analysis

     Identifying the Essential Functions of the Position

     Reporting the Essential and Marginal Functions of the Position

Building an Employment Entrance Examination Protocol – Post-Offer Employment Test

Building an Examination and Inquiry Protocol – Functional Capacity Evaluation

Post-Offer Employment Test Practicum

Questions and Comments from the Live Broadcast

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 the individual to the specific physical and cognitive demands of the Essential Functions of the job which he desires or is attached. In an ERISA evaluation, the evaluator must use ADA Title 1 methods to compare the individual to the Essential Functions and physical or cognitive demands of the position covered or employment in general. Each evaluation process must avoid inquiries that raise the specter of a disability or query family health and family work history. And, when appropriate, the evaluation report must include an effective response to a request for reasonable accommodation received during the testing process.

When you complete 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 work-ability decisions. Virtually every work evaluator who completes this training designs and publishes a ‘Safe for Evaluation and Delay of Testing’ policies. And, with a new understanding of the role reasonable accommodation plays in every aspect of employment testing, you will look at the return-to-work process from a new perspective.

Who Should Attend

  • Physical Therapists
  • Occupational Therapists
  • Vocational Evaluators
  • Workers’ Compensation Legal Counsel
  • ADA Title I Legal Counsel
  • ADAC with a focus on Title 1 – Employment

On-Demand Training

Self-paced learning is available through our Digital Chalk platform. Register for the workshop by clicking on the picture of the computer and the textbook at the top of this page.

Register Here...

Register Here…

Matheson Functional Capacity Evaluation Training Chicago September 2019

On-Demand Training

from Roy Matheson, ADAC

12.0 Contact Hours – $475

Comments on FCE and POET Course

“The online class was perfect for this upcoming FCE. I have attached the Job Description that I was provided for your review. The candidate has cerebral palsy and has requested accommodations.” BD


“I learn so much whenever I take a course or webinar from Roy. What I do is so specialized that it can be difficult to find producers of continuing education that are competent in the subject matter. Roy is not only competent but an expert! I look forward to continuing to learn from him in the future!”


“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.”