A pediatric healthcare provider based in Atlanta will pay $50,000 and undertake remedial measures to settle a disability discrimination lawsuit filed by the US Equal Employment Opportunity Commission (EEOC), the federal agency announced on June 12, 2025.
The EEOC charged in its suit that, in March 2021, the provider rescinded a job offer to an applicant who had requested a disability-related exemption from its flu vaccination requirement. After receiving a job offer for a registration associate position, the applicant requested an exemption from the flu vaccination requirement based on a severe allergy to eggs, which are often contained in the standard flu vaccination. Although the applicant expressed willingness to receive an alternative form of the flu vaccine, the provider rescinded the job offer due to her disability and instead hired an internal candidate who did not have any issues receiving the vaccine.
According to the EEOC, this conduct violated the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability. The agency filed suit in the US District Court for the Northern District of Georgia after initially attempting to resolve the matter through its administrative conciliation process.
Under the court-approved consent decree, the provider will provide monetary relief to the applicant; revise its flu vaccination policy; post a workplace notice informing employees of the settlement and their rights under federal anti-discrimination laws; and train relevant employees on their rights and responsibilities under the ADA. The provider also agreed to submit periodic reports to the EEOC detailing any future disability discrimination complaints related to its flu vaccine requirement, including a summary of the allegations and the company’s response.
Compliance Perspective
Issue
Disability discrimination is prohibited in the workplace under federal law. These protections apply to both current employees and job applicants. When a disability affects an individual’s ability to meet a job requirement or condition of employment—such as a medical or safety-related policy—the matter should be referred to the human resources department. Employers must assess whether reasonable accommodations are available that would enable the individual to meet the requirement or perform the role, without causing undue hardship. In addition to federal protections under laws such as the Americans with Disabilities Act (ADA), many states have enacted their own laws addressing disability-related discrimination. It is important that administrators and human resources personnel are aware of and comply with both federal and applicable state-specific requirements.
Discussion Points
- Review and update policies and procedures to ensure they prohibit disability discrimination and outline a clear process for evaluating accommodation requests from both employees and applicants. This includes accommodations related to job requirements or conditions of employment, such as vaccination policies or other health and safety standards.
- Train staff on their right to be free from disability discrimination in all aspects of employment, including hiring and job requirements. Provide specific training to human resources personnel on how to assess and respond to accommodation requests, including when the request relates to a condition of employment or a workplace policy.
- Periodically audit records of employees and applicants who disclosed a disability or limitation. Determine if reasonable accommodations were requested, evaluated, and implemented in accordance with applicable legal standards, particularly in relation to compliance with general employment policies.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*