Functional Capacity Evaluation with ‘Less than High Effort’ and Reasonable Accommodation
Several times a week, I receive a question about Functional Capacity Evaluation (FCE) under ADA Title 1. This recent question triggered an interesting flow of thought about estimating functional ability.
The Question
“If a person gives ‘less than high levels’ of physical effort during a return-to-work functional capacity evaluation, and we’ve discussed effort level during testing, can an estimate of their safe ability to perform the physical demands of the job be made under ADA law?”
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