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Functional Capacity Evaluation:Seeking a Charge Under ADA Title I

2:00 pm - 3:00 pm EDT, March 22, 2018   |   Organized by: Reasonable Accommodation, LLC

Description

Our March 8th webinar titled “What Attorneys Need to Know About ADA Title I Medical Examinations” took a high-level look at the subject of employment-related medical examinations (see: Title I of the Americans with Disabilities Act, 42 U.S. Code § 12112 (d)). This session uses one of the most common forms of examination, the "Functional Capacity Evaluation,” to dive deeper into the subject.

  • Why lifting a box is virtually never an essential function
  • The misuse of pre-ADA job analysis techniques in Title I.
  • The job match decision: safety versus inability
  • Selecting candidates for FCE rather than Post-Offer testing
  • The use of a phony FCE to affect termination of employment
  • FCE and FMLA - watch your step!
  • The wrong question: "Did you test the essential functions of the job?"
  • The extensive misuse of a proprietary database to make the job-match decision
  • FCE documentation: consider the reasonable accommodation statement
  • Why physicians do not perform job-match evaluations



Roy Matheson

Reasonable Accommodation, LLC specializes in organizational systems and management training relative to the Americans with Disabilities Act and the Rehabilitation Act. We focus on mid-size businesses and medical centers, as well as municipal, county, and state government agencies. The intent of our organizational systems and management training is to assist you to gain the benefits of federal employment law while avoiding the cost and disruption of defending a charge of employment discrimination.

Our methods are based on 25 years of leadership in employ ability development. Beginning with Dr. Leonard Matheson’s ground-breaking work at Rancho Los Amigos Hospital in the 1970’s, our results can be seen in the accomplishments of the Rehabilitation Institute of Southern California, the Employment Potential Improvement Center, Roy Matheson and Associates, and now Reasonable Accommodation, LLC.

Roy Matheson, ADAC has presented as a keynote speaker, panelist, trainer, or workshop instructor at more than 400 public and private educational events, management training programs, and national conferences. His audience includes managers and staff of federal, state, county, and municipal government entities as well as the full spectrum of corporate entities serving the United States, Canada, and 6 other countries. Roy’s body of work includes hundreds of online webinars and blogs related to Title I of the ADA and the Rehabilitation Act.

His consulting and guidance assignments address legal compliance issues raised by Title I of the Americans with Disabilities Act and Section 501 of the Rehabilitation Act. These issues include aspects of employment testing, essential function job analysis, and reasonable accommodation program start-up and management. Roy sees himself as a trusted adviser in demanding situations requiring clear, well-thought-out guidance within the environment of employment and disability-related civil rights law.

As an ADA National Leadership trainer through the Mid-Atlantic ADA Center, Roy regularly contributes speaking content to the Center’s nationally recognized “ADA Update Conference” (held in Tysons Corner, Virginia from September 4 to 6, 2018).

In 2016 Roy completed the ADA Coordinator Training Certification Program through the Great Plains ADA center located on the campus of the University of Missouri. As with the Mid-Atlantic Center’s annual conference, Roy regularly presents at the Great Plains Center’s “National ADA Symposium” (June 17 to 20, 2018 in Pittsburgh, PA).

Registration Dates

Feb 28 - Mar 21, 2018

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