Post-Offer Employment Testing

Employers across America are seeking the services of clinicians trained to within the boundaries of recent federal court decisions and EEOC enforcement actions. This one of a kind course will train you to design post-offer testing protocols that comply with the medical examination standards of ADA Title I (42 U.S.C. § 12112 (d) medical examinations and inquiries, (3) employment entrance examination) as interpreted by published federal court settlements, EEOC guidance, and EEOC enforcement actions. and during the hiring process presents as a liability when accepted testing process is not followed.

Course Topics

Designing the Protocol

  • How to plan a POET based on the physical demands of the essential functions of the job
  • How to select job for testing
  • How to select demands for testing
  • How memorialize the test protocol design process
  • The practical and financial aspects of POET – implementation, time invested, documentation and cost

Denying Testing

  • The importance of having two tests in one: a “safe for testing” protocol and an ability-to-work protocol
  • When to deny testing versus when to deny employment
  • Working with the employer to determine a return-for-testing policy
  • The role of physical effort testing during a POET test
  • The role of a physician release-for-testing and how it affects denial of testing

Reasonable Accommodation during Testing

  • How to listen for a request for reasonable accommodation during testing
  • How to legally remediate the impact of physical or cognitive risks presented by a conditional hire’s deficits

The Legal Foundation for Testing

  • Learn how the amended ADA shapes what we do, and don’t do, in Post-Offer testing
  • Do a conditional hire’s physical and cognitive abilities match the demands of the job?
  • Hiring productive workers as opposed to “healthy” workers
  • How to not place a worker in a job he is unable to safely perform

This practical course culminates in the draft and validation of a Post-Offer test. Students may use the clinical forms provided in the course package or the Matheson Essential Function Job Analysis and Post-Offer Testing Software to produce a draft POET protocol.

Course Modules

Module 1 – Introduction – Goals of the Course

Module 2 – Build Your Binder – Materials to Download

Module 3 – Assigned Reading and Viewing

Module 4 – Background Concepts

Module 5 – The Purpose and Benefit of Post-Offer Testing

Module 6 – The Legal Foundation of Post-Offer Testing

Module 7 –  Program Development

Module 8 – Test Protocol Development

Module 9 – Preparing for Deposition

Module 10 – Test Development Practicum

Module 11 – Other Issues of Note

Training Materials

The post-offer employment testing training uses a variety of printed and digital media.

  • 48-plus page course manual with slides and case studies
  • 3 digital videos of manufacturing, heavy labor, and office jobs
  • 11 on-demand course modules

Bonus Reference Guide

Each participant in our training programs receives a copy of Roy Matheson’s The Americans with Disabilities Act – Title I Case Reference Document”. This resource includes a copy of ADA Title I, a compendium of federal court and EEOC settlement documents pertaining to employment testing “do’s and don’ts”, and an important discussion of “Undue Hardship”, published in the Fordham Law Review by author Julie Branfield. (see: Julie Brandfield, Undue Hardship: Title I of the Americans with Disabilities Act, 59 Fordham L. Rev. 113 (1990). Also available at http://ir.lawnet.fordham.edu/flr/vol59/iss1/4).

The case reference document is updated from time-to-time with relevant cases or citations. The revised document is sent to each student who has participated in a training program and whose contact information is up-to-date in our database.

Roy Matheson

Cost: US$295

Contact Hours: 6.0

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