Testing for the Best: Best Practices in Employee Fitness for Duty Testing, Drug Screening, and More!
April 2009
Testing for the Best: Best Practices in Employee Fitness for Duty Testing, Drug Screening, and Background Checking
Program Highlights
Learn the legal and practical considerations concerning…
*Background Checking
*Drug Testing
*Psychological Testing and Honesty Screens
*Physical Examinations (Between Job Offer and Placement)
*Fitness for Duty Testing of Current Employees
*Functional Capacity Evaluations Used in Employment Decisions
*Functional Testing at All Stages of Employment
*Job Descriptions
Program Description
The world economic downturn has focused attention on the need of employers to ensure that existing employees, and all future employees, are as productive as they can be. Employers are focusing more and more effort on employee and job applicant screening and testing to make sure that each employee is a good fit for the job he or she has to perform. If you need to know the legal and practical “ins and outs” of employee testing and screening, this is the program for you!
Our faculty of experienced employment law attorneys and highly-regarded industry experts will discuss legal developments and practical considerations concerning:
*Background Checking
*Drug Testing
*Psychological Testing and Honesty Screens
*Physical Examinations between Job Offer and Job Placement
*Fitness for Duty Testing of Current Employees
*Functional Capacity Evaluations used in Employment Decisions
*Functional Testing at All Stages of Employment
*Job Descriptions
Program participants will learn what screening methods are available which do not violate the American with Disabilities Act, Family and Medical Leave Act, the Health Care Information of Practices Portability Act and other Federal and State laws protecting job applicants and employees. This unique program will focus on substantive law you need to know and real-world practicalities, not theory.
Don't delay –
Register for Testing for the Best: Best Practices in Employee Fitness for Duty Testing, Drug Screening, and Background Checking today!
Agenda
PLEASE NOTE EARLY START TIME
8:00 AM – 8:30 AM
Registration
8:30 AM – 8:40 AM
Welcome and Introduction
Extended by Gregory B. Cairns, Esq., Program Chair, and Brock R. Wood, Esq., CBA-CLE Program Attorney
8:40 AM – 9:25 AM
Legalities of Screening at the Three Stages of Employment
In this segment, participants will learn about the three stages of employment (pre-offer, post-offer pre-placement and post placement) and what screening methods are compliant with the Americans with Disabilities Act and Family and Medical Leave Act. Participants will also learn about the fundamentals of essential function descriptions (job analysis), legalities of “second stage evaluations,” the difference between a physical agility test and a medical examination, and the ten bases for withdrawing a conditional job offer.
Presented by Gregory B. Cairns, Esq.
9:25 AM – 10:20 AM
Background Checking Best Practices
In this segment of our program, Ms. Biggs will discuss the legalities of background checking, including compliance with the Fair Credit Reporting Act. Chris Baker, Principal of Premier Employment Screening Services, Incorporated, will discuss databases available to Colorado employers for use in the day-to-day practicalities of background checking.
Presented by Jude Biggs, Esq. and Chris Baker
10:20 AM – 10:35 AM
Break (15 minutes)
10:35 AM – 12:05 PM
Post-Offer, Pre-Placement Medical Testing
Attendees will learn from Mr. Larry Feeler, a nationally recognized physical therapist, the best practices in medical examinations and functional testing of prospective employees after the conditional job offer, but before they are put on the job. Topics covered will include insuring the safety of the applicant being tested, medical questionnaires, strength testing, evaluation of aerobic fitness, flexibility testing, and evidence-based protocols for testing whether the applicants can perform the essential functions of the job. Veteran employment law attorney Colin Barnacle will discuss compliance with medical protocols with applicable Federal and State statutes, as well as practical solutions to ensure that employment testing avoids charges of disparate impact or treatment.
Presented by Larry Feeler and Colin L. Barnacle, Esq.
12:05 PM – 1:05 PM
Lunch
Enjoy lunch and the opportunity to network with your colleagues – compliments of CBA-CLE!
(You must indicate if you plan to participate in the luncheon)
1:05 PM – 2:15 PM
Psychological Testing and Honesty Screens
In this segment, Randy Austad, an expert in psychological testing will discuss what psychometric instruments are available for testing potential or current employees. Then join Susan Campbell and Daniel Combs, experienced employment law attorneys, as they discuss the pros and cons of psychological testing as a substitute for in depth interviews and background checking.
Presented by Randy Austad, Susan Campbell, Esq. and Daniel Combs, Esq.
2:15 PM – 3:05 PM
New Developments in Drug Testing
Presented by Alice Sanchez, Esq. and Gregory B. Cairns, Esq.
3:05 PM – 3:20 PM
Break (15 minutes)
3:20 PM – 4:20 PM
A Candid Critique of Machine-Based Testing of Functional Ability
Learn from Darrell Schapmire, a nationally-recognized exercise physiologist, as he discusses recent studies concerning the validity of traditional models of functional capacity evaluations. He will also discuss developments in “sincerity of effort” testing to ensure the validity of individual assessments.
Presented by Darrell Schapmire and Gregory B. Cairns, Esq.
4:20 PM – 5:00 PM
Fitness for Duty Testing of Current Employees: A Panacea for the Aging Population Workers' Compensation Crisis?
Attendees will learn about the ten exceptions to the ADA's governed rule prohibiting medical examinations, the components of proper fitness for duty test, the “triggers” which justify a fitness for duty test, the need for policy statements to satisfy FMLA regulations, an ADA compliant model for testing the fitness of all current employees in a job category, and the apparent conflict between the ADA and FMLA regarding fitness for duty tests.
Presented by Gregory B. Cairns, Esq., Darrell Schapmire, and Larry Feeler
5:00 PM
Adjourn
Faculty
Randy Austad
Follow Your Calling, LLC
Centennial, CO
Chris Baker, Chief Executive Officer
Premier Employment Screening Services
Fort Collins, CO
Colin L. Barnacle, Esq.
Jackson Lewis, LLP
Denver, CO
Jude Biggs, Esq.
Holland & Hart, LLP
Boulder, CO
Gregory B. Cairns, Esq.
Cairns Nemechek & Magruder, LLC
Denver, CO
Susan D. Campbell, Esq.
Holme Roberts & Owen, LLP
Denver, CO
Daniel M. Combs, Esq.
Sherman & Howard, LLP
Denver, CO
Larry Feeler, P.T.
Chief Executive Officer
WorkSTEPS, Inc.
Austin, TX
Alice Sanchez, Esq.
Rocky Mountain Drug Testing, LLC
Englewood, CO
Darrell Schapmire, M.S.
X-RTS Software Products and Testing Devices
Hopedale, IL
Location Information
CLECI Small Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| $299.00 | |
| $249.00 | |
| CBA | $249.00 |
| $209.00 | |
| $209.00 |
- General Credits: 7.00
- Ethics Credits:
- EDI Credits:
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