The Americans with Disabilities Act Amendments Act (ADAAA) has changed the world of employment testing forever. Virtually all job-attached return-to-work decisions must now be filtered through the prism of the ADAAA. (“Job-attached” means that the patient-worker-transferee has first right of refusal to the target job.)
Functional capacity evaluation for the purpose of return-to-work, functional capacity evaluation for the purpose of determining a current job holder’s safe ability to remain at work, as well as Post-Offer Employment Testing for new hires, all fall under the ADAAA.
Under the ADAAA, the title of your service does not insulate you from the force of the law; changing the name does not change your responsibility under the law. If the content of your service involves a Qualified Individual, has the potential for an Adverse Impact employment decision and constitues a Medical Examination, you are operating under the ADAAA umbrella.
Although not a finite list, each of the concepts displayed below is germane to an understanding of the law:
1. ADAAA
Discrimination in Hiring, Retention, and RTW
Essential Function
Employment Entrance Examinations
Medical Examinations
Prohibited Practices
Reasonable Accommodation
Business Necessity
Undue Hardship
Direct Threat
Agency Relationship
Federal Register Regulations to Implement the ADAAA
2. Uniform Guidelines on Employee Selection Procedures
3. Federal Rule of Evidence 702
At first the ADAAA may seem complex and somewhat daunting. Seeking an understanding of the details of the law should relieve much of the angst connected with the subject. We will start the journey to understanding in our new course: Strengthen Your Practice Using the ADAAA. See below for more information!
