EEOC sues Georgia system for allegedly failing to accommodate allergy

The Equal Employment Opportunity Commission has accused Children's Healthcare of Atlanta of violating federal law by rescinding a job offer after an applicant requested a disability-related accommodation.

In an 11-page lawsuit, filed Sept. 12 in federal court and accessed by Becker's, the EEOC alleges the applicant for a registration associate position, Najah Abdel-Hakim, requested a disability-related exemption to the pediatric health system's flu vaccination requirement, and provided medical documentation of a severe allergy to eggs.

Ms. Abdel-Hakim requested reasonable accommodation of an exemption or an egg-free flu vaccine. However, CHOA failed to provide either and rescinded its job offer based on the applicant's disability, according to the lawsuit. The lawsuit also states that the job was filled by an internal candidate who had "no issue" receiving the flu vaccine. 

The EEOC said such alleged conduct violates the Americans with Disabilities Act.

A spokesperson for the health system told Becker's: "Children's Healthcare of Atlanta does not comment on employment matters."

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