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Case-In-Point Creating ADA-Compliant Employment Testing Procedures

The Client and Its Challenge
A major manufacturer of telephone cable potentially faced penalties under the Americans with Disabilities Act (ADA) for a pre-employment testing practice that used non-job-specific requirements for the selection process.

The client wanted to develop a new post-offer, pre-placement testing program that would help ensure that employees were physically capable of performing essential job functions. Additionally, the client needed to secure union support before launching a new job placement program.

The Risk Consulting Solution
Working with BTE Technologies, meetings were arranged with union stewards, company representatives, and legal counsel to discuss a post-offer, pre-placement testing program that could improve individual safety by identifying best-fit jobs for each employee.

Using unique human performance evaluation technologies, the team produced accurate, independent measurements of the physical requirements for specific jobs and related work tasks. Testing protocols and results were validated in a real-world work environment. Working closely with key stakeholders and company executives, the team identified the pass/fail physical capacity standards for each job.

The consulting team developed an ADA-compliant post-offer, pre-placement testing program based on these job-specific requirements. Consultants trained company staff how to use performance-testing equipment to conduct evaluations. Finally, testing data output was integrated with the company's SAP system through a flat-file transfer process to expedite the determination and notification of an employee's suitability for hire.

Results
With the creation of new testing protocols that comply with government regulations, the client was able to eliminate ADA penalties that could have exceeded $6 million. By involving union representatives, the client secured support from this important stakeholder.


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