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Functional Capacity Evaluation and Post-Offer Testing Under ADA Title 1

Las Vegas, Nevada – February 21st and 22nd

Instructors:

Roy O. Matheson, ADAC

Leonard N. Matheson, PhD (by virtual link)

Tuition: $475

Contact Hours:16.0 

Functional Capacity Evaluation and Post-Offer Testing services fall under Title 1 of the Americans with Disabilities Act. Ancillary services such as Job Analysis (JA) and Work Hardening must meet the same federal court practice guidelines. This course touches on at-risk practices used by those serving workers compensation, long-term disability, and employers with post-offer testing programs.

The intended outcome of this training is to assist you to improve evaluation practices while avoiding federal or state sanctions related to Functional Capacity Evaluation and Post-Offer Testing.

ADA Title 1 FCE and POET Course Content

New Standards for Functional Capacity Evaluation and Post-Offer Testing

     The Focus in on the “Qualified Individual”

     The Phases of Employment

     The ADA is Blind to the Source of Impairment

     How Title 1 of the ADA is Not the Same as Social Security Disability

    Why ADA Title 1 Applies to Workers’ Compensation Medical Examinations

     ADA Title 1 is a Process Law

     Guidelines for Allowed Medical Examinations and Inquiries from the Federal Court

A Review of Selected Sections of ADA Title 1

Medical Examinations Under the Law  

The Purpose of Employment Testing Under ADA Title 1

Describing the Position Sought or Held in ADA Title 1 Terms

Special Topics

     Impairment versus Disability

     Disability versus Work-Related Disability

     Your Reasonable Accommodation Boundary

     Delaying Testing Due to Safety and Readiness for Testing Issues

     Reasonable Accommodation Response to Low Levels of Effort

     Physical Effort Testing and the Work Ability Decision

     Basing the Work Ability Decision on Self-Limiting Behavior

     Basing the Work Ability Decision on a Secret Data Base

     Reasonable Accommodation and Undue Hardship in Testing

     Disparate Impact in Post-Offer Testing

Building an Employment Entrance Examination Protocol – Post-Offer Employment Test

Building an Examination and Inquiry Protocol – Functional Capacity Evaluation

Questions, Comments, and Answers

The premise of all functional capacity evaluation and post-offer tests under ADA Title I (see: 42 U.S. Code § 12112 – Medical Examinations and Inquiries) is that the work evaluator compares the individual to the specific physical and cognitive demands of the Essential Functions of the job which he desires or is attached. In an ERISA evaluation, the evaluator must use ADA Title 1 methods to compare the individual to the Essential Functions and physical or cognitive demands of the position covered or employment in general. Each evaluation process must avoid inquiries that raise the specter of a disability or query family health and family work history. And, when appropriate, the evaluation report must include an effective response to a request for reasonable accommodation received during the testing process.

When you complete this training, you will know the questions not to ask based on the type of medical examination ordered. You will understand why a ‘technician’ should not be responsible for physical effort reporting or work-ability decisions. Virtually every work evaluator who completes this training designs and publishes a ‘Safe for Evaluation and Delay of Testing’ policies. And, with a new understanding of the role reasonable accommodation plays in every aspect of employment testing, you will look at the return-to-work process from a new perspective.

Who Should Attend

  • Physical Therapists
  • Occupational Therapists
  • Vocational Evaluators

Lodging, Workshop Location, and Airport Transportation

You may book sleeping accommodations on the Palace Station website. Log into the room reservation window and then paste PCIRA22 into the Offer Code field. The Group Name is Reasonable Accommodation. You will be presented with the sleeping room block we have reserved. For our mutual convenience, we have booked the night before the workshop (Thursday, February 20th) as well as the two nights of the two workshop days (Friday, February 21st and Saturday, February 22nd).

The room rates for King, Double, and Queen are:

Thursday, February 20th        $50.00

Friday, February 21st             $99.00

Saturday, February 22nd        $99.00

Note that there is a “Hotel Service Fee” of $25.99 per sleeping night. This is a standard practice amongst Las Vegas hotels.

More information about the workshop site, lodging, and “read-ahead” material you will receive prior to the event is available at this link:

Roy Matheson Functional Capacity Evaluation Las Vegas 2020 More Information LinkMatheson Las Vegas 2020 Workshop Palace Station Hotel Information 

$475.00Add to cart

Comments on FCE and POET Course

“The online class was perfect for this upcoming FCE. I have attached the Job Description that I was provided for your review. The candidate has cerebral palsy and has requested accommodations.” BD

 

“I learn so much whenever I take a course or webinar from Roy. What I do is so specialized that it can be difficult to find producers of continuing education that are competent in the subject matter. Roy is not only competent but an expert! I look forward to continuing to learn from him in the future!”

 

“I really love how the instructor is willing to stray from the syllabus a bit in order to address all of our concerns. Roy has a really good teaching style which makes me feel like he knows when a subject matter doesn’t sink in and he goes over and over it until it seems like the class can have a conversation about the topic.”

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