By Chase Feeler, PT, DPT, Director of Functional Testing, WorkSTEPS
The essential functions test (EFT) is a crucial tool for organizations desiring to ensure that candidates and employees can safely perform their jobs. How can you, as an employer, be confident in using testing effectively? How can you ensure your testing is EEOC- and ADA-compliant?
In our first post, we reviewed the EEOC v. HHS case. In this second post, we will explore key takeaways for employers, such as the importance of reasonable accommodations and the potential risks of noncompliance. This knowledge can equip you to keep workers safe while avoiding a class action lawsuit and ensure that your testing practices align with regulatory requirements. Then, our third post will explore employee rights around testing.
Let’s examine three pillars of proper functional testing:
1. Job Analysis:
Leverage up-to-date, job-specific analysis to accurately assess each job’s true physical demands – not general requirements across a department or the company. A good approach is to identify the most strenuous functions of the job and create clinical simulations to serve as the test criteria. Each part of the test must be based upon a specific job requirement applying to that position – an essential job function. Your job task analysis may require the following:
- Interview the employee and manager about job requirements
- Identify the essential functions of the position
- Monitor the duration of each task
- Observe the employee perform essential functions
- Quantify the physical requirements of the essential functions – weights of materials lifted, contact points materials are lifted from, distances carried, heights lifted, push/pull forces, ergonomic postures, climbing tasks, etc.
- Compare the position to other jobs within the same job classification
Once the data has been analyzed, you can clearly connect candidates’ physical capabilities to the essential functions of the job for which they’re being considered (or returning to in a return-to-work scenario). Remember that the EEOC says testing must center around physical requirements involved on Day 1 of the job. Many human resources managers find gathering and documenting this data overwhelming when they are incentivized to speed up the onboarding process. Therefore, many business leaders are now outsourcing this process to an outside expert to ensure EEOC and ADA compliance while reducing organizational burdens – saving time and money in the long run.
2. Validation:
Based upon your job analysis, validation is the process of linking measures of those physical demands (e.g., physical ability tests) with essential functions to demonstrate the job-relatedness of the measures. Then, subject matter experts (SMEs) review and sign off on the test criteria to support validation while ensuring supportive documentation. Understanding and documenting these demands yields benefits:
- Accurate job descriptions that reflect physical demands
- Accurate job postings to attract more qualified candidates
- Potential to expand the labor pool while accounting for newer processes, mechanical assists, and robotics
- Better fit/job placement to fairly evaluate a person’s ability to perform essential functions safely
- Better-informed return-to-work or fitness-for-duty testing following injury, illness, or furlough
- Opportunities to re-engineer work, informing efforts to reduce job demands or injury risk and expand the worker pool
- Stronger compliance with federal UGESP
- Stronger defense against discrimination claims in an environment where EEOC standards are rising and enforcement is tightening – to reduce litigation risks
To aid this process, the industry is moving toward formalized validation processes using software-based protocols to replace handwritten, labor-intensive paperwork, which is subject to errors and gaps. The resulting validation reporting tracks with Section 14C of the UGESP and serves as legal defensibility of the testing process and test criteria.
In short, job analysis, validation, and testing criteria are intrinsically intertwined to ensure EFT success and regulatory compliance. Each layer adds legal defensibility for the employer while protecting the employees.
Note: If you are applying non-validated, selection criteria in your EFT or disqualifying certain groups (e.g., female workers or older workers) at a disproportionately higher rate than average, this is a flag. Support your approach with validation to defend your testing actions.
3.Transitional Duty Programming:
When employees return to work after injury or illness, transitional duty programming can address safety and job performance issues. A recent study concluded that employees are more likely to return to the job if their employer works with the limitations the injury has caused. Managers can modify tasks depending on the worker’s needs and limitations to ensure they remain safe while performing their duties. If the employee cannot perform their previous duties, the organization may provide a new work assignment fitting their restrictions.
For employers, implementing return-to-work programs offers advantages on multiple fronts:
- Maintaining productivity levels by reducing the time and cost associated with employee absences
- Fostering a positive work culture by demonstrating a commitment to employee well-being
- Retaining valuable talent by providing support and facilitating a smooth transition back to work
Fit-for-duty testing is vital to return-to-work programs, ensuring that employees are physically and mentally prepared to perform their duties safely and eliminating the guesswork from returning to work. Thorough assessments, including physical exams and job-specific simulations, enhance workplace safety and support a successful return to work, as you will know which functions the employee can and cannot do safely at this moment and can determine if they are ready to return at full capacity or on a light-duty basis.
Remember, unless the worker is in a public safety role (e.g., police, fire, EMT, DOT), employers are not allowed to test without reason – such as performance or medical/physical issues causing concern. Re-testing requires triggers to apply a fit-for-duty exam, which may include a supervisor documenting a performance issue or the employee asking for help or concessions in doing the job. Then, accommodations may include physical therapy, strength training, conditioning, job aids, or reassignment to a less strenuous job. We recommend considering every possible path to reconciliation before deciding to terminate.
Next, what are the critical employee rights to consider around functional testing? Click here for our third blog post in this series, which will analyze lessons learned from the EEOC v. HHS ruling regarding employee interaction.
Chase Feeler graduated with a Bachelor of Science degree in exercise and sports sciences from Texas State University in 2007. He performed graduate work at University of Texas Medical Branch and received his Master of Physical Therapy in 2009 and his Doctor of Physical Therapy in 2010. Chase worked at a Level 1 trauma hospital for five years post- graduation before joining the WorkSTEPS team in 2015. Chase consults regularly with clinicians across the United States regarding job analysis and employment testing. Chase enjoys music, sports, entertainment, and spending time with his wife and three children.
