“Wear a Mask and Carry an EpiPen” — EEOC Sues Paycom Over Alleged Failure to Accommodate Food Allergy

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The US Equal Employment Opportunity Commission (EEOC) has filed a federal disability discrimination lawsuit against Oklahoma City-based software company Paycom Payroll, LLC. The lawsuit alleges that the company violated the Americans with Disabilities Act (ADA) by failing to provide reasonable accommodations to an employee with a life-threatening food allergy before ultimately terminating her employment less than a month after she was hired.

The case centers on Katie Jorgenson, who was hired as a benefits coordinator. Jorgenson has a severe anaphylactic allergy to onions, a condition she disclosed during the hiring process. According to the EEOC, within days of beginning work, coworkers eating onion burgers near her cubicle triggered a severe allergic reaction that forced her to leave the office to administer emergency medication. The following day, another exposure allegedly resulted in a second reaction that required treatment from on-site paramedics.

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After these incidents, Jorgenson formally requested a reasonable accommodation from Human Resources, explaining that she was “deathly allergic to onions.” She initially asked for a secluded workspace during lunch hours to reduce the risk of exposure. Although Paycom temporarily provided a private workspace for several hours around lunchtime, the EEOC alleges the accommodation ultimately proved ineffective. Jorgenson reportedly continued to experience allergic reactions from food being eaten in nearby breakrooms and hallways, including two incidents severe enough to require ambulance transport to a hospital.

According to the EEOC, Paycom declined to implement accommodations recommended by Jorgenson’s physician, including relocating her to an enclosed office separated from areas where employees ate or allowing her to work remotely. The lawsuit alleges the company rejected the remote work option despite maintaining policies that permitted employees to work from home. Instead, company officials allegedly advised Jorgenson to “wear a mask and carry an EpiPen.”

Paycom eventually moved Jorgenson to a room on a floor with fewer employees, but the new workspace was reportedly located about 15 feet from a breakroom where food was regularly consumed. The EEOC also alleges the company did not notify nearby coworkers about her severe allergy or instruct them to avoid eating onions near her workspace. One day after what the lawsuit describes as her most severe allergic reaction in June 2024, Paycom terminated her employment, stating it could not accommodate her disability.

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The EEOC filed suit after efforts to resolve the dispute through the agency’s administrative conciliation process were unsuccessful. The agency argues that the ADA requires employers to engage in an interactive process with employees requesting reasonable accommodations and to provide effective accommodations unless doing so would impose an undue hardship. According to the EEOC, employers cannot simply reject reasonable accommodation requests or terminate employees because accommodating a disability requires changes to workplace practices.

“Employers have a legal obligation to explore and provide reasonable accommodations for workers with disabilities — especially when the potential consequences of inaction are life-threatening,” said Andrea G. Baran, regional attorney for the EEOC’s St. Louis District. “No employee should be forced to choose between their health and their livelihood.”


Should Paycom have done more to accommodate Ms Jorgenson’s food allergy? Let us know your thoughts in the comments section below.

Source: Paycom sued, lawsuit alleges company fired employee over life-threatening food allergy — https://www.newson6.com/tulsa-oklahoma-news/paycom-sued-food-allergy-lawsuit

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Dave Bloom
Dave Bloom
Dave Bloom is CEO and "Blogger in Chief" of SnackSafely.com.

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