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Shipyard yanked veteran’s job after he passed the physical, EEOC alleges

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On or around February 28, 2025, the recruiting coordinator called to tell the applicant that Eastern Shipbuilding was pulling his conditional offer, the complaint states. The reason given, according to the filing: because he is a disabled veteran.

The EEOC brings three ADA counts. The first alleges the company rescinded the offer based on actual disability. The second alleges discrimination based on a record of disability. The third alleges Eastern Shipbuilding treated the applicant as having a disability and acted on that perception. All three counts allege the conduct was intentional and done “with malice or with reckless indifference” to the applicant’s federally protected rights.

The Commission is seeking a permanent injunction, backpay with prejudgment interest, compensation for losses including medical and job search expenses, damages for emotional pain and suffering, and punitive damages – all in amounts to be determined at trial.

The EEOC followed its standard enforcement process before filing suit. It issued a determination letter on May 28, 2026, finding reasonable cause to believe the ADA had been violated, and invited the company to conciliate. When those talks broke down, the Commission issued a failure-of-conciliation notice on June 9, 2026, and moved to litigation. A jury trial has been demanded.

For HR teams managing post-offer screening, this case is a pointed reminder: a candidate who clears the physical has cleared the physical. Medical screenings exist to assess whether someone can safely do the job – not to surface disability history that then drives the hiring decision.

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