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