5A Post Offer Testing & Functional Capacity Evaluation
Section 12112 (d) “medical examinations and inquiries” of the Americans with Disabilities Act Title I (ADA) lays the current legal foundation for all forms of employment testing including frequently used post-offer employment testing (POET) and functional capacity evaluation (FCE). POET examinations apply exclusively to individuals who have been offered a job and have not yet begun to work. An FCE, on the other hand, answers questions about safe return-to-work or stay-at-work after the onset of disease or injuries sustained during personal time off or on the job.
This course begins with a clear definition of “medical examination and inquiry” before introducing an explanation of when coverage under ADA Title I is triggered. The role and responsibilities of physicians and work evaluation specialists will be followed by a discussion of the need to address reasonable accommodation issues during testing.