Editor’s Note: Before reading this article, understand the Centers for Disease Control (CDC) states the following:
Everyone 6 months and older with egg allergy should receive an annual flu vaccine. Any flu vaccine (egg based or non-egg based) that is otherwise appropriate for the recipient’s age and health status can be used.
EEOC Sues Children’s Healthcare of Atlanta for Disability Discrimination
Says Children’s Hospital Rescinded Job Offer to Applicant Seeking a Disability-Related Accommodation
ATLANTA – Children’s Healthcare of Atlanta, Inc. (CHOA), a pediatric health care system based in Atlanta, violated federal law when it failed to provide a job applicant a disability-related accommodation and rescinded its offer of employment because the applicant had a disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the EEOC’s lawsuit, the applicant for a registration associate position requested a disability-related exemption to CHOA’s flu vaccination requirement based on a severe allergy to eggs, which are contained in the standard flu vaccination. The applicant provided medical documentation to support the accommodation request, but CHOA failed to provide a reasonable accommodation of a vaccine exemption or an egg-free flu vaccine. Instead, the EEOC said, CHOA rescinded its offer of employment based on the applicant’s disability and filled the position with an internal candidate who had “no issue” receiving the flu vaccine.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits companies from refusing to hire individuals with disabilities and, absent undue hardship, requires employers to provide reasonable accommodations. The EEOC filed suit (EEOC v. Children’s Healthcare of Atlanta, Inc., Case No. 1:24-CV-04089 SDG RDC) in U.S. District Court for the Northern District of Georgia after first attempting to reach a pre-litigation settlement through its administrative conciliation process.
“Federal law is clear that discrimination against job applicants with disabilities is illegal,” said Darrell Graham, district director for the EEOC’s Atlanta District Office. “The EEOC is persistent in its mission to prosecute employers that violate the ADA and other employment discrimination laws, and in advancing equal opportunity for all job applicants.”
Marcus G. Keegan, regional attorney for the Atlanta office, said, “We are suing CHOA because discrimination in hiring is a critical issue. The EEOC is committed to removing barriers to employment and ensuring that applicants with disabilities are supported and accommodated as required by federal law.”
For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.
The Atlanta District Office has jurisdiction over the State of Georgia and the State of South Carolina Counties of Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Hampton, Jasper and Williamsburg.
The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
