The key to the long-term success of your functional capacity evaluation (FCE) and post-offer testing (POET) career is to adopt a federal court-accepted ADA Title I medical examination process. No matter which evaluation ‘system’ you use, this unique workshop delivers a solid, practical foundation that minimizes your risk of federal non-compliance. This is brain-on, practical training: you come away well grounded in the premise and purpose of work evaluation under ADA Title I with a focus on your process roadmap.
How We Got to Where We Are Today
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: 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 disability or that query family health and work history. Each inquiry must include an effective response to a request for reasonable accommodation during the application or 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. Review of a current FCE legal settlement and a recently filed POET employment discrimination charge will orient the training to both private and federal against our peers. Throughout the course, we will use the process roadmap and a case study to develop each of the concepts we encounter.
Purpose – Informing the Seven Types of ADA Title I Medical Examinations
Each time you administer an FCE or POET, 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. Note that it takes a long sentence to express the simple reason for the tests you administer.
Common commercial names for Title I Medical Examinations include:
Functional Capacity Evaluation Job Match – Workers’ Compensation, Short-Term Disability, and Long-Term Disability
Functional Capacity Evaluation to Determine Safe Stay-at-Work Ability
Assessment of Perceived Direct Threat
Post-Offer Employment Test
Work Hardening Exit Examination
Reasonable Accommodation Work Disability Confirmation
Process – Navigating the Testing Nuances that Keep You Out of a Legal Snarl
The process of administering an ADA Title I 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, physical effort testing (often referred to as ‘consistency of 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 workability decision. That is, one type of test requires the ability to analyze results; the other requires analysis and application to the purpose of the inquiry.
Legal compliance in an ADA Title I 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.
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 Title I of the ADA.
In Other Words
In other words, when you leave this training you will know the questions not to ask based on the type of medical examination (i.e., POET, FCE – RTW, FCE – SSAW, FCE – RA, Fit for Duty) ordered. You will also understand why a ‘technician’ should not be responsible for physical effort reporting or workability decisions. It is very likely that you will return to your clinic and design a wall posture that outlines your practice’s ‘Safe for Evaluation and Denial of Testing’ policies. Likewise, you will change your thinking about the role reasonable accommodation plays in every aspect of employment testing. 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, Lodging, and McCarren Airport Transportation
The training will be held at the recently renovated Palace Station Hotel & Casino. If you have attended a workshop with us at the Palace Station, you will be pleasantly surprised by the $200+ million investment in the property. The old Garden Room building is gone; the swimming pool is new, and the restaurants have been significantly updated. The newly remodeled, contemporary sleeping rooms offer a spacious 350 – 400 square feet of space with unobstructed views overlooking the Las Vegas skyline.
We have a block of sleeping rooms for the night before the first day of training and the night between the two training days. This block will be consumed very quickly.
Please do not delay making a reservation for your sleeping room.
You may book sleeping accommodations on the Palace Station website. Log into the room reservation window and then paste PCIRA19 into the Offer Code field. You will be presented with the sleeping room block we have reserved. (These are not the workshop dates; we booked a blocked beginning the night before training begins.)
As an alternative, you may call the Palace Station reservations office toll-free at 1-800-634-3101; reference the Group Code PCIRA19.
Wednesday, February 27, 2018 $50 + $25 HSF* + tax
Thursday, February 28, 2018 $50 + $25 HSF* + tax
* Hotel Service Fee (HSF) – Virtually all Las Vegas hotels now have a ‘Resort Fee’ that ranges from $50 to $75 per night, per room.
Shuttle to and from McCarran International Airport – visit the website at www.palacestation.com for exact times and locations
Shuttle to and from the Las Vegas Strip
Valet Parking & Covered Self-Parking
Internet in Guest Rooms
Access to the New Outdoor Pool and Fitness Center
The workshop is scheduled for Thursday and Friday to take advantage of lower cost air travel. Southwest Airline’s Low Fair Calculator shows that typically, the best days of the week to travel are Wednesday, Thursday, and Friday. West Coast travelers wishing to depart Las Vegas on Friday even should be aware that the workshop will end no later than 4:30 p.m. on Friday.