A children’s hospital located in Atlanta, Georgia, is facing a lawsuit from the Equal Employment Opportunity Commission (EEOC) after it allegedly discriminated against a job applicant due to a disability. More specifically, the applicant noted that they had an egg allergy that would require them to get an alternative flu vaccine. Rather than grant this accommodation, the hospital rescinded its offer of employment, which the EEOC claims resulted in discrimination.
What Happened in This Case?
According to the lawsuit, the employee applied for a position as a registration associate at the children’s hospital, and had a tentative offer of employment. However, the employee asked for an exemption from the requirement for a standard flu shot, due to a severe egg allergy that could have caused a potentially deadly allergic reaction (eggs are used as a component of standard flu vaccines). Rather than provide the exemption or an alternative, they rescinded the job offer, costing him his potential job.
What is The Main Legal Issue?
The primary legal issue relates to the provision of the vaccine exemption. While most hospitals require their employees to be vaccinated against common infectious diseases, including the flu, employees can seek an exemption or alternative vaccination as a reasonable accommodation under the Americans With Disabilities Act (ADA). However, the hospital refused to provide this, despite being legally required to do so.
Why is This Important?
Although allergies typically do not rise to the level of being considered a disability, particularly severe allergies can significantly hinder a person’s ability to function in daily life. In this case, the applicant’s egg allergy prevented them from obtaining the standard version of a vaccine that most other people are able to take without issue. By failing to accommodate the employee, the hospital potentially excluded an otherwise qualified applicant for no legally valid reason.
What Should You Do if This Happens to You?
If you have been the victim of disability discrimination, you should speak to a lawyer with experience handling employment discrimination issues. They can help you review your case and devise a legal strategy that best suits your needs. That way, you can have the best chance possible of getting a good outcome for your case.
Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 44 years’ experience handling the many aspects of employment law. His new book, “Fired!: Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” is available in hardback, and contains valuable advice on dealing with employment and labor law issues. To purchase the book, feel free to contact Steven Sack at 917-371-8000 or visit the website at legalstratpub.com. To inquire about a legal matter, please feel free to contact attorney Steven Sack at 917-371-8000 or stevensackatty@hotmail.com.
