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Enforcement of ADA Title I Qualification Standards

Employers across the United States are coming face-to-face with the need to update their job descriptions and job analyses. A Matheson Essential Function Job Survey© (EFJS) is the foundation of that process.

The Need for a Matheson Essential Function Job Survey©

The September 2018, denial of a request for summary judgment in Ammons v. Chicago Board of Education makes clear the value of a current job survey when dealing with an ADA Title I hiring, discipline, or termination action. Indeed, recruitment, selection, performance management, and career development methodologies now depend on ADA-level knowledge of a position’s qualification standards. Each job-related post-offer employment test, functional capacity evaluation, and workers’ compensation return-to-work assessment should be based on an ADA-level job survey.

What You Will Learn – Skills You Will Gain

This one-of-a-kind course will prepare you to perform essential function job surveys within your own clinical practice or for employers in your area. After participating in this training, you will be able to:

  • Use a process approach to upgrade existing or needed job analysis reports
  • Explain how an essential function job survey supports compliance with ADA Title I
  • Conduct a pre-survey interview
  • Write individual essential function task statements
  • Organize essential function task lists
  • Train managers and supervisors to recommend or approve essential functions
  • Craft a plan to efficiently measure the physical demands of a job’s essential functions
  • Craft a plan to survey the cognitive demands of a job’s essential functions
  • Perform a cognitive demands survey
  • How to establish the job-relatedness of essential function statements
  • Understand the legal and professional boundaries of an essential function job survey

Uses of a Matheson Essential Function Job Survey

  • Augment an existing job analysis to meet federal standards for hiring, employment testing, reasonable accommodation exploration, and employment termination decisions
  • Identify potential reasonable accommodation solutions
  • For those with an ergonomic evaluation training, identify risks or exposures in job tasks
  • Support compliance by post-offer employment test vendors
  • Provide needed job demands information for work-related physician medical examinations
  • Provide needed job demands information for stay-at-work and return-to-work functional capacity evaluation vendors
  • Understand how to monitor and calculate disparate impact in employee testing
  • Contribute to the analysis of direct threat situations

Recent employment discrimination federal court and EEOC settlements leave no doubt of the need to use accurate essential function job surveys as the basis for hiring and termination decisions. Million-dollar settlements are not rare; creating defendable job demands data lowers the risk of significant business interruption and financial loss.

Who Should Attend

The beneficiaries of this course are therapists, vocational evaluators, and ergonomic evaluators who perform job analysis or employment testing services.

  • Occupational Therapists
  • Occupational Medicine Physicians
  • Workers’ Compensation Legal Counsel
  • Physical Therapists
  • Vocational Evaluators
  • ADA Title I Legal Counsel

Live, Online with Roy Matheson, ADAC

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