Manufacturers that utilize post-offer physical demands testing to ensure employees can perform the physical requirements of their jobs may be at risk for expensive, systemic investigation and litigation by the EEOC. A recent wave of litigation alleging ADA disability discrimination has targeted companies that use post-offer physical demands testing, as well as the companies performing the testing. Even well-intentioned and expert-designed testing can open up employers to protracted pattern or practice litigation by the EEOC or other class-based claims of disability discrimination.

Join Fox partners Nikki Howell and Steven Moore for a webinar on whether to use post-offer physical demands testing and how to minimize the risk of liability under the ADA and reduce potential exposure to pattern or practice EEOC litigation.