In the early part of 2015, IPCS asked our EEO law firm, Kastner Westman and Wilkins, LLC (KWW) to research and review court cases that could be used to justify incumbent physical capability evaluations (PCE). We asked our law firm to undertake this task because many of our clients and prospective clients asked if the incumbent worker can be re-evaluated on some fixed time period. Most of the questions focused on the new hire going forward.
As the write-up states, every company and each job classification must be reviewed on a case-by-case basis. It does appear that PCE for the incumbent worker can be done as long as job relatedness can be demonstrated and workplace safety is a concern and thereby consistent with business necessity.
The document attached below was reviewed and approved by KWW regarding incumbent PCE.