On September 30, 2021, a Washington mental health and psychiatric treatment provider was charged in a lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit alleges that the mental health provider violated federal law when it withdrew a job offer because of a qualified applicant’s disability.
The EEOC’s lawsuit contends that after a successful interview in which the job applicant disclosed a leg injury that prevented him from prolonged walking, sitting, or standing, the mental health provider offered the registered nurse (RN) a job at its facility. The job offer to the highly qualified candidate was contingent upon successful completion of a pre-employment medical examination. The mental health provider’s contract medical examiner and the applicant’s primary doctor both deemed the applicant medically qualified for the position.
Additionally, the RN applicant explained that he could complete the job functions as long as he could periodically use a chair. However, despite both medical certifications and the applicant’s assertions, the mental health provider withdrew its job offer and refused to hire the applicant. The EEOC’s investigation found that the mental health provider’s nurses had the flexibility to sit or stand during their shifts.
The EEOC Senior Trial Attorney May Che stated, “The Americans with Disabilities Act was enacted to protect people with disabilities from discrimination based on unfounded prejudices and stereotypes. [This provider’s] officials discriminated when they substituted their assumptions about this applicant’s abilities for sound medical conclusions, and closed the door on a highly capable nurse who could have been a valuable and loyal employee.”
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. Additional information regarding the EEOC can be accessed at Home | U.S. Equal Employment Opportunity Commission (eeoc.gov).
Issue:
Disability discrimination is prohibited in the workplace, including discriminating against qualified applicants who may apply for positions within your facility. When there are concerns regarding whether a qualified applicant can safely perform job functions, human resources should be contacted immediately. Every effort should be made to accommodate qualified candidates for employment. While federal law prohibits discrimination in the workplace, most states have enacted their own additional laws regarding workplace discrimination. It is essential that administration and human resources are aware of their state-specific laws.
Discussion Points:
- Review your policies and procedures for prevention of discrimination and retaliation and for providing accommodation if an applicant or current employee requests one in order to perform his or her job duties. Ensure that your state’s laws for non-discrimination or non-retaliation are included in the policies and procedures. Update policies as needed.
- Train staff about their rights to be free from discrimination and retaliation in the workplace. Teach staff to report any of these concerns to their immediate supervisor, the administrator, human resources, the compliance and ethics officer, or through the facility’s hotline. Ensure that those staff with responsibility for hiring are knowledgeable about the content of the Americans with Disabilities Act (ADA), including the need to make reasonable accommodation for qualified candidates.
- Periodically audit by anonymously polling staff to determine if they may be experiencing discrimination or retaliation in the workplace, or if they have observed it happening to others. In addition, ensure that all staff are aware of how to report any concerns of discrimination or retaliation.
