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Atlanta District Office

Atlanta District Office                                         CONTACT:  Marcus G. Keegan
100 Alabama Street, S.W., Suite 4R30                                  Regional Attorney
Atlanta, GA 30303                                                                  (470) 531-4831
TTY (404) 562-6801                                                                
Fax (404) 562-6909/6966                                                       Lakisha Duckett Zimbabwe
                                                                                                Assistant Regional Attorney
FOR IMMEDIATE RELEASE                                                  (470) 531-4834 
December 15, 2022                                                                                                                     

Children’s Hospital Fired Maintenance Assistant for Seeking Exemption to Influenza
Vaccine Requirements, Federal Agency Charged

          ATLANTA – Children’s Healthcare of Atlanta (CHOA), a pediatric healthcare system in Georgia, violated federal law when it fired a maintenance assistant for requesting a religious exemption to its influenza vaccination policy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

          According to the EEOC’s suit, the maintenance employee, in accordance with CHOA’s procedures, requested a religious exemption to CHOA’s flu vaccination requirements based on sincerely held religious beliefs. CHOA had previously granted the employee a religious exemption in 2017 and 2018. In 2019, however, CHOA denied the employee’s request for a religious accommodation and fired him, despite the employee’s extremely limited interaction with the public or staff.

          Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits firing an employee because of his religion and requires that sincerely held religious beliefs be accommodated by employers. The EEOC filed suit (Civil Action No. 1:22-CV-4953 MLB RDC) in U.S. District Court for the Northern District of Georgia, Atlanta Division, after first attempting to reach a pre-litigation settlement via its conciliation process. The EEOC is seeking back pay, front pay, compensatory damages and punitive damages for the employee, as well as injunctive relief to prevent future discrimination.

          “It would not have been an undue burden for CHOA to continue accommodating its employee as it had in 2017 and 2018,” said Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office. “Instead, CHOA inexplicably changed its stance on flu vaccination exemptions for this maintenance employee in 2019 and failed to consider any meaningful reasonable accommodations for his sincerely held religious beliefs.”

          Darrell Graham, district director of the Atlanta office, said, “Religion is defined to include all aspects of religious observance and practice, as well as belief, and the EEOC stands ready to enforce an employer’s statutory obligation to reasonably accommodate the religious observances and practices of its employees where doing so would not be an undue hardship on the conduct of the employer’s business.”

           The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information about religious discrimination is available at Stay connected with the latest EEOC news by subscribing to our email updates.