A major pediatric health care system will pay $50,000 and implement remedial measures to settle federal charges that it discriminated against a job applicant who sought a disability-related exemption from a flu vaccination requirement.
Children’s Healthcare of Atlanta Inc. agreed to the settlement to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission, the federal agency announced today.
The case involved an applicant who received a job offer for a registration associate position in March 2021 but requested an exemption from the hospital system’s flu vaccination requirement due to a severe allergy to eggs, which are commonly found in standard flu vaccines.
Despite the applicant’s willingness to receive an alternative form of the flu vaccine, CHOA rescinded the job offer because of her disability and filled the position with an internal candidate who had “no issue” receiving the flu vaccine, according to the EEOC.
Hospital system must revise vaccination policy
The alleged conduct violated the Americans with Disabilities Act, which prohibits disability discrimination. The EEOC filed suit in U.S. District Court for the Northern District of Georgia after attempting to reach a settlement through its administrative process. The case is titled EEOC v. Children’s Healthcare of Atlanta, Inc., Case No. 1:24-cv-04089-SDG-RDC.
Under the court-approved consent decree, CHOA must provide monetary relief to the applicant and revise its flu vaccination policy. The hospital system also must post workplace notices informing employees of the settlement and their rights against discrimination, and train relevant employees about ADA rights and responsibilities.
CHOA agreed to provide the EEOC with periodic reports on future complaints of disability discrimination related to its flu vaccine requirement, including descriptions of employee allegations and the company’s responses.
EEOC officials stress accommodation obligations
“The ADA prohibits employers from refusing to hire qualified applicants because of their actual or perceived disabilities,” said Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office. “The EEOC is pleased that CHOA will take measures to ensure its compliance with the ADA.”
Darrell E. Graham, district director of the EEOC’s Atlanta office, emphasized fair treatment principles. “Applicants for employment have the right to be evaluated based on their qualifications rather than their disabilities,” Graham said. “The EEOC is committed to ensuring the fair treatment of workers with disabilities.”
The EEOC’s Atlanta District Office oversees Georgia and 12 counties in South Carolina. The agency investigates and litigates against private sector employers for violations of federal employment discrimination laws.
