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Current Webinar

Functional Capacity Evaluation: Seeking a Charge Under ADA Title I

Thursday, March 22, 2018, 2:00 PM – 3:00 PM EST

Our March 8th webinar titled “What Attorneys Need to Know About ADA Title I Medical Examinations” took a high-level look at the subject of employment-related medical examinations (see: Title I of the Americans with Disabilities Act, 42 U.S. Code § 12112 (d)). This session uses one of the most common forms of examination, the “Functional Capacity Evaluation,” to dive deeper into the subject.

  • Why lifting a box is virtually never an essential function
  • The misuse of pre-ADA job analysis techniques in Title I
  • The job match decision: safety versus inability
  • Selecting candidates for FCE rather than Post-Offer testing
  • The use of a phony FCE to affect termination of employment
  • FCE and FMLA – watch your step!
  • The wrong question: “Did you test the essential functions of the job?”
  • The extensive misuse of a proprietary database to make the job-match decision
  • FCE documentation: consider the reasonable accommodation statement
  • Why physicians do not perform job-match evaluations