Blog

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.

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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.

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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.

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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.

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Reasonable Accommodation Training for HR Professionals

This course focuses on the seven-step reasonable accommodation management process. Typically, identifying a workable solution is not as energy consuming as negotiating the interpersonal issues behind some requests. The skill of managing the occasional difficult request comes from understanding the process and applying the tools presented in this training.

Personal coaching and support during and after the course are provided by Roy Matheson, ADAC.

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