Mental health and psychiatric treatment provider Telecare Mental Health Services of Washington, Inc. violated federal law when it withdrew a job offer because of a qualified applicant’s disability, the US Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed on Sept. 30. According to the EEOC’s suit, after a successful interview in which the job applicant disclosed a leg injury that prevented him from prolonged walking, sitting, or standing, Telecare offered the highly experienced registered nurse a job at its Shelton, Washington facility, contingent on successful completion of a pre-employment medical examination. Telecare’s contract medical examiner and the applicant’s primary doctor both deemed the applicant medically qualified for the position. In addition, the applicant explained that he could accomplish the work as long as he could periodically use a chair. The EEOC’s investigation also found that Telecare nurses had flexibility to sit or stand during their shifts. However, despite both medical certifications and the applicant’s assurances, Telecare withdrew its job offer and refused to hire the applicant.
