|The Premise of ADA Title I is that medical and vocational professionals will provide workability information and employability determination based on the individual’s ability to safely perform the tasks required by the job to which he is attached or desires. Rendered opinions will rely on job-specific demands of work and test procedures deemed to be valid by the federal courts.||The Purpose behind each ADA Title I Medical Examination is to answer this question: “Is this an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires?”||
Each of the seven types of medical examinations has both unique and common decision-making elements. The key to success is to follow the federally accepted Process of constructing a job-specific test protocol in compliance with the tenants of ADA Title I.
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 program delivers a solid, practical foundation that minimizes the risk of federal non-compliance. This is not a theoretical 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.
Premise – How We Got to Where We Are Today
The Premise of all ADA Title I Medical Examinations is the same: An individual is compared 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 be sensitive to the phase of employment of the individual to avoid inquiries that raise the specter of a disability or invade the irrelevance of family health or work history. Each inquiry should be made with openness 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. A review of the legal code covering our work will be followed by three current FCE and POET federal cases.
|Gucker v U.S. Steel – Functional Capacity Evaluation||Read the blog..|
|EEOC v JBS Transport – Post-Offer Employment Test||Read the blog…|
|EEOC v CSX Corporation – Post-Offer Employment Test||Read the blog…|
Purpose – Informing the Seven Types of ADA Title I Medical Examinations
The Purpose of all ADA Title I Medical Examinations is to provide next-step answers to questions about the safe ability of an otherwise qualified individual to execute the specific physical and cognitive demands of the Essential Functions of job to which he is attached or desires. Safe ability may touch on a direct threat to oneself or another worker. It may be requested to confirm the medical qualification for a requested accommodation.
Common commercial names for Title I Medical Examinations include:
Workers’ Compensation Functional Capacity Evaluation Job Match
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 – Organizing the Testing Nuances that Keep You Out of Court
The Process of administering an ADA Title I Medical Examination differs based on Purpose and phase of employment. The key to success is knowing how to match the Purpose to the Processes which are unique to each of the seven types of examinations. The game-changer is the timing, validity of tests, and procedures which are allowed to be used in one type but not allowed in the other type. For example, many of the tests and procedures used in a basic functional capacity evaluation may be legally used in a post-offer employment test. But many of the questions asked in one may not be asked in the other. The same difference applies to an FCE for return-to-work versus an FCE for stay-at-work.
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 ends in a multi-million dollar EEOC or private settlement.
The intended outcome of this training is to equip the evaluator with a Process that identifies the common and unique variables of each type of medical examination. When the parameters and impact of the variable are 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 to not 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 work ability decisions. It is very likely that you will 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 each decision made about work ability. 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.
When you register for the training on our website (reasonableaccommodation.com/xxx) we will send you a registration confirmation as well as a code to access the discounted room rate on the Palace Station website.
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.