Select Page

Upcoming Webinars from Roy Matheson, ADAC

Functional Capacity Evaluation Fails Under ADA Title 1

Settlement of an employment discrimination charge involving a non-compliant Functional Capacity Evaluation (FCE) can result in a heavy price tag. A recent example is the original settlement in Gucker v U.S. Steel came in at $5,500,000.

A common mistake in contemporary FCEs is to allow indicators of low or variable physical effort to set the stage for denial of employment to an otherwise qualified individual. Another error is using a large data base of previous FCE participants to determine an individual’s current ability to perform the physical and cognitive demands of the essential functions of a job. While this has been accepted without question in some State workers’ compensation systems, the practice is not in compliance with ADA Title 1.

Join Roy Matheson, ADAC and special guest Dr. Leonard Matheson on Thursday, July 25th at 2:00 p.m. EST for a review of recent failures in the execution of everyday functional capacity evaluations for return-to-work, workers’ compensation job match, or stay-at-work.