Hey, Compliance Warriors and Bosses!
The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Children’s Healthcare of Atlanta, Inc. (CHOA), alleging that the organization violated federal law by failing to accommodate a job applicant’s disability-related request. This case highlights several important aspects of disability discrimination in the hiring process.
First, it’s crucial to understand that the Americans with Disabilities Act (ADA) prohibits employers from discriminating against individuals with disabilities during the hiring process. This includes the requirement to provide reasonable accommodations, unless doing so would cause undue hardship for the employer.
In this specific case, the EEOC claims that CHOA failed to accommodate an applicant who requested an exemption from the flu vaccination requirement due to a severe egg allergy. Instead of exploring alternative options, such as providing an egg-free flu vaccine or granting an exemption, CHOA allegedly rescinded the job offer and hired another candidate who had “no issue” receiving the standard flu vaccine.
This situation underscores the importance of engaging in an interactive process with job applicants who request accommodations. Employers should carefully consider each request and explore potential solutions before making hiring decisions. In many cases, reasonable accommodations can be found that allow qualified individuals with disabilities to perform essential job functions without causing undue hardship to the organization.
Darrell Graham, district director for the EEOC’s Atlanta District Office, emphasized that “Federal law is clear that discrimination against job applicants with disabilities is illegal.” This statement reminds employers that they must be vigilant in complying with ADA requirements throughout the hiring process.
The EEOC’s decision to file this lawsuit after attempting to reach a pre-litigation settlement demonstrates the agency’s commitment to enforcing anti-discrimination laws. It’s a clear signal to employers that failing to provide reasonable accommodations or discriminating against applicants with disabilities can lead to legal consequences.
For HR professionals and employers, this case serves as an important reminder to:
- Review and update hiring practices to ensure compliance with ADA requirements.
- Train hiring managers and HR staff on proper handling of accommodation requests.
- Engage in an interactive process with applicants who request accommodations.
- Document all steps taken to consider and respond to accommodation requests.
- Consult with legal counsel when unsure about how to handle complex accommodation situations.
By prioritizing inclusive hiring practices and being proactive in addressing accommodation requests, employers can create more diverse and accessible workplaces while minimizing the risk of discrimination claims.
Be Audit-Secure!
Lisa Smith, SPHR, SCP
Note: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a legal professional for advice specific to your situation.
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