GFS Settlement WoodTV

FCE & Post-Offer Testing in the Era of ADA Title I


Instructor: Roy Matheson, ADAC

Contact Hours: 6 NBCOT CRAC

Next Self-Paced Course: Available Now!

Tailor a Live, Online or In-Person Presentation for Your Team: To schedule your training, contact us at


The Wild West days of post-offer employment testing (POET) and functional capacity evaluation (FCE) are gone. Department of Justice enforcement of Title I of the Americans with Disabilities Act make today’s testing protocols a federal civil rights issue. Gone are the days of profit driven clinics and rigid propriety testing methods. Today requires a skilled “Thinking Evaluator” approach to testing and work ability decision making.

In this online or live one-of-a-kind training, Roy Matheson conveys what you need to know about work evaluation practice standards laid down by the federal courts. A pragmatic response to recent court settlements of up to $5,500,000 calls for you to abandon your old practices and to change your approach to testing, documentation, and reporting.


SKU: 7917 Category:

Product Description

As you may be aware, national professional associations charged with guiding their membership through changes in federal law have yet to recognize the need to establish “best practice” standards that reflect the demands of the amended Americans with Disabilities Act (ADA) Title I. As such, each day across America the hundreds of worker’s compensation, new hire, return to work, and stay at work medical examinations conducted by occupational therapists, physical therapists, ergonomic evaluation professionals, and medical doctors are unlikely to be in compliance with the law. Physician-issued medical restriction lacking suggestions for reasonable accommodation, post-offer, functional capacity, and physical capacity evaluations NOT in compliance are featured in employment discrimination cases on an almost daily basis (see: Albert E. Gucker v. U.S. Steel Corp., No. 2:13-cv- 00583-NBF, $5,500,000 settlement).

And, simply stated, professional evaluators must be armed with knowledge to challenge POET and FCE system vendors. A vendor’s first priority is to sell equipment and software: the evaluator’s first priority is to practice in compliance with the law.

Course objectives

  • Understand when and how a post-offer or functional capacity evaluation test is an ADA Title I medical examination
  • Review recent federal court challenges to previously accepted test procedures in order to bring your practices up to date
  • Learn how to change your documentation so as to close the door on EEOC or
    plaintiff attorney charges
  • Learn the legal implications of functional capacity evaluation test protocols
    developed with a focus on commercialization of testing equipment rather than on
    fidelity to 42 U.S.C. § 12112 (d) medical examinations
  • Become skilled in including recommendations for reasonable accommodation in your evaluation reports
  • Understand how and when you physical effort tests may not be in compliance with
    federal law
  • Use Federal Rule of Evidence 702 as a framework for structuring and defending
    your functional capacity evaluation and post-offer test reports
  • Analyze your clinical website for the presence of plaintiff attorney triggers
  • Advise employers and case managers on best practices relative to medical history
  • Appreciate why out-dated methods of job analysis (i.e. the 1978 Uniform Guidelines on
    Employee Selection Procedures (UGESP)) are not acceptable under ADA Title I
  • Hear how to provide guidance to corporate clients about the need to update
    essential function job analysis
  • Be prepared to a plaintiff attorney or EEOC inquiry about your testing methods