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.
- 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
- 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
Self-Paced Learning; Live, Online Learning
This course is presented in two formats. The self-paced version lets you work as your personal schedule allows. You can start and stop at your convenience.
The second format, a live, online presentation with Roy Matheson is typically offered 6 times per year on some combination of a Thursday, Friday, or Saturday.
Once you have completed online registration for this course, the Matheson team will contact you to arrange your live or self-paced attendance.