Blog
Disparate Impact and Post-Offer Testing Under ADA Title 1
Practitioners and employers who rely on post-offer testing to make informed hiring decisions must pay close attention to demographic hiring patterns. This seven-minute video blog is an overview of the disparate impact calculation process. Click on the photo to watch...
Functional Capacity Evaluation with ‘Less than High Effort’ and Reasonable Accommodation
Several times a week, I receive a question about Functional Capacity Evaluation (FCE) under ADA Title 1. This recent question triggered an interesting flow of thought about estimating functional ability. The Question “If a person gives ‘less than high...
Colorado and Tennessee Tie for Failure to Accommodate – Walmart Notches Largest Settlement
Failure to provide reasonable accommodation to a prospective, conditional, or current employee under Title 1 of the Americans with Disabilities Act emanates from a shortlist of possible missteps. Training line managers and executives to recognize a request for accommodation is the first step in avoiding significant settlements.
Review recent federal suits and settlements of from $1,250,000 to $5,200,000.
Functional Capacity Evaluation and Post-Offer Testing Under ADA Title 1
The key to the long-term success of your functional capacity evaluation (FCE) and post-offer testing (POET) practice is to adopt a federal court-accepted ADA Title I medical examination process. No matter which evaluation ‘system’ you use, the Americans with Disabilities Act process determines your compliance or violation of the law. This unique workshop delivers a 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.
The Use of Evidence of the Essential Functions of a Job to Address Obesity as a Disability
This blog suggests an alternative to arguing the definition of impairment and disability in the context of an employment discrimination claim based on “regarded as disabled.” The alternative is to focus on the “Qualified Individual” status of the employee with whom the employer has safety or productivity concerns. Apprehension involving direct threat, decreased productivity, inability to respond to an emergency, or the need for reasonable accommodation each are addressed under the Qualified Individual section of the code.
Disability-Related Inquiries and Medical Examinations
An area of concern for employers and staffing agencies is asking individuals disability-related questions while attempting to stay in compliance with ADA Title 1. The same concern exists when a medical examination (post-offer testing, physician examination, or...
The Absent Returning Employee: Medical Examinations Under ADA Title 1
An employee returning to work from a lengthy absence presents a special set of circumstances. Time away from work due to an injury-related event (personal or work-related) while attached to a “tested” or high-risk job requires special consideration. An FMLA or...
Matheson Job Analysis – Cognitive and Physical
Job Analysis for ADA Title 1 Testing and Reasonable Accommodation Compliance Federal court settlements under Title 1 of the Americans with Disabilities Act (ADA) make clear that all Post-Offer, Functional Capacity Evaluation, and ERISA employment tests must be...
ADA Title 1 Implications for FCE and POET Practitioners
The key to the long-term success of your functional capacity evaluation (FCE) and post-offer testing (POET) practice is to adopt a federal court-accepted ADA Title I medical examination process. No matter which evaluation ‘system’ you use, the Americans with Disabilities Act process determines your compliance or violation of the law. This unique workshop delivers a 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.
