The 9 Key Steps to a Defendable Post-Offer: Step 9
This is the final step in The 9 Key Steps to a Defendable Post-Offer Blog Series:
Stay in Compliance with the Law
We began this nine part blog series by saying that the cornerstone of an informed hiring program is to ensure that a qualified individual’s physical and cognitive abilities match the demands of the job. We went on to indicate that jobs with high levels of physical exertion, gross whole-body movement, or jobs with a history of injuries were ideally suited for Post-Offer, Pre-Placement Testing (PPT).
We end this series of posts with this discussion: the challenge for the health care or vocational professional involved in post-offer testing is to stay current with the intention of the law and, more importantly, with recent federal court decisions regarding enforcement of the law.
The reader may wonder why one would suggest a preference for being current with federal court cases rather than the actual code of the law. The reasoning is simple: the actual law is not dynamic. The law was modified in 2008 and will probably not change for another decade or so. Once a practitioner has invested time and study in becoming familiar with the law, energy and interest should then be turned to the constant interplay of everyday medical and vocational practice as new opportunities for enforcement of the law are created.
The process of staying current with new interpretation and enforcement of the law can be done in a variety of ways. Here are three suggestions:
Participate in a Matheson webinar on the first Thursday of each month. Send an email toinfo@roymatheson.com and request that you be added to the list of people to be notified of the next upcoming webinar. An email reminder is usually sent at the beginning of the week of the webinar.
Visit the “Newsroom” on the Equal Employment Opportunity Commission website at www.eeoc.gov, click on About EEOC and the Newsroom. News about EEOC settlements or pending litigations can be found on that page.
And, as you have already done, stay tuned to developing issues by following our blog at http://blog.roymatheson.com/
Another step one can take to remain current with the law is to maintain contact with your regional ADA National Leadership Network center. Divided into 10 regions, the function of the Network is to foster adoption of ADA-friendly practices by providing resources to individuals and employers. Among those resources are speakers expert in the various titles of the law. Refer to this map to identify your region:
Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont)
New England ADA Center
Institute for Human Centered Design
200 Portland Street
Boston, MA 02114
617-695-0085 voice/tty
adainfo@newenglandada.org
www.newenglandada.org
Region II (New Jersey, New York, Puerto Rico, U.S. Virgin Islands)
Northeast ADA Center
203 Dolgen Hall
Ithaca, NY. 14853
607-255-6686
northeastada@cornell.edu
www.northeastada.org
Region III (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia)
Mid-Atlantic ADA Center
401 North Washington Street, Suite 450
Rockville, MD 20805
301-217-0124
adainfo@transcen.org
www.adainfo.org
Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee)
Southeast ADA Center
1419 Mayson Street
Atlanta, GA 30324
404-541-9001
adasoutheast@law.syr.edu
www.adasoutheast.org
Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin)
Great Lakes ADA Center
University of Illinois at Chicago
Institute on Disability & Human Development (MC 728)
1640 West Roosevelt Road, Room 405
Chicago, IL. 60608
(312) 413-1407 V/TTY
info@adagreatlakes.org
www.adagreatlakes.org
Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas)
Southwest ADA Center
at ILRU, a program of TIRR Memorial Hermann
Houston, Texas 77019
713.520.0232
swdbtac@ilru.org
www.swdbtac.org
Region VII (Iowa, Kansas, Missouri, Nebraska)
Great Plains ADA Center
100 Corporate Lake Drive
Columbia, MO 65203
573-882-3600 (V/TTY)
adainfo@missouri.edu
http://www.gpadacenter.org/
Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming)
Rocky Mountain ADA Center
3630 Sinton Road, Suite 103
Colorado Springs, CO 80907
719/444-0268
adainfo@adainformation.org
www.adainformation.org
Region VIIII (Arizona, California, Hawaii, Nevada, the Pacific Basin)
Pacific ADA Center
555 12th Street, Suite 1030
Oakland, CA 94607
510-285-5600 (V/TTY)
adatech@adapacific.org
www.adapacific.org
Region X (Alaska, Idaho, Oregon, Washington)
Northwest ADA Center
Center for Continuing Education in Rehabilitation
University of Washington
6912 220th St SW #105
Mountlake Terrace, WA. 98043
425-248-2480
nwadactr@uw.edu
http://www.nwadacenter.org
And, as always, keep in touch with the Matheson team by contacting us at info@roymatheson.com
Learn how to perform Defendable Post-Offer Test:
Understand the Concept of Agency Relationship
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