Children’s Healthcare of Atlanta to Pay $50,000 and Undertake Remedial Measures in EEOC Disability Discrimination Lawsuit

ATLANTA – Children’s Healthcare of Atlanta, Inc. (CHOA), a pediatric health care system based in Atlanta, will pay $50,000 and undertake remedial measures to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

The EEOC charged in its suit that, in March 2021, CHOA rescinded a job offer to an applicant who had sought a disability-related exemption to CHOA’s flu vaccination requirement. After receiving a job offer from CHOA 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. Despite the applicant indicating a willingness to take an alternate form of the flu vaccine, CHOA rescinded the applicant’s job offer because of her disability, and instead filled the position with an internal candidate who had “no issue” receiving the flu vaccine.

This alleged conduct violated the Americans with Disabilities Act (ADA), which prohibits disability discrimination. The EEOC filed suit (EEOC v. Children’s Healthcare of Atlanta, Inc., Case No. 1:24-cv-04089-SDG-RDC) in U.S. District Court for the Northern District of Georgia after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

The court-approved consent decree settling the suit requires CHOA to provide monetary relief to the applicant; revise its flu vaccination policy; post a notice in the workplace informing employees of the settlement and of their rights against discrimination; and train relevant employees about their rights and responsibilities under the ADA. Moreover, CHOA agreed to provide the EEOC with periodic reports regarding any future complaints of disability discrimination related to its flu vaccine requirement, including a description of each employee’s allegations and the company’s response.

“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, said, “Applicants for employment have the right to be evaluated based on their qualifications rather than their disabilities. The EEOC is committed to ensuring the fair treatment of workers with disabilities.”

For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.

The EEOC’s Atlanta District Office has jurisdiction over Georgia and the counties of Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Hampton, Jasper and Williamsburg in South Carolina.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.