The U.S. Equal Employment Opportunity Commission, or EEOC, sued Paycom on Tuesday for alleged discrimination against an employee with a severe allergy.
The complaint alleges that Paycom, the Oklahoma City-based payroll software company, violated the Americans with Disabilities Act when it failed to reasonably accommodate the employee and eventually terminated her. The employee at the center of the suit worked for the company for about a month in 2024 and suffered at least five allergic reactions on the job.
"Employers have a legal obligation to explore and provide reasonable accommodations for workers with disabilities — especially when the potential consequences of inaction are life-threatening," Andrea G. Baran, regional attorney for the EEOC's St. Louis District said in a Wednesday press release. "No employee should be forced to choose between their health and their livelihood."
The former employee, Katie Jorgenson, suffered from an anaphylactic allergy to onions and had informed Paycom about her condition during the hiring process, the EEOC complaint said. Shortly after beginning work at the company as a Benefits Coordinator in May 2024, Jorgenson was exposed to onions in the workplace and suffered two allergic reactions, one of which required treatment from paramedics.
Upon her request, the company offered Jorgenson a private workspace from 10:00am to 2:00pm during the workday, but she continued to experience onion exposures and, at one point, an allergic reaction that required her to go to the hospital. The company subsequently declined a medical doctor's recommendation to allow Jorgenson to work remotely or in an "enclosed office away from food areas."
The company ultimately relocated Jorgenson to another floor of her office building, where she was stationed about 15 feet away from a breakroom. The company did not inform employees using the breakroom about Jorgenson's allergy, according to the complaint, and she suffered two subsequent allergic reactions. Jorgenson informed the company's Human Resources department that she would "like to work without continued reactions."
On June 19, 2024, less than a month after Jorgenson began work at Paycom, the company terminated her.
The complaint argues Paycom violated the ADA by refusing to "provide reasonable accommodation for Jorgenson's known physical limitations" and discharging her on the basis of her disability.
"As a result of Paycom's unlawful conduct, Jorgenson was repeatedly exposed to onions at work, triggering life-threatening allergy attacks," the complaint said. "Paycom knew about this recurring exposure, which was both preventable and foreseeable, yet failed to take meaningful steps to accommodate her."
In a statement to KOSU, a Paycom spokesperson wrote that the company does comment on pending litigation, but affirmed its commitment to "the well-being of our employees."
"We maintain a workplace that complies with applicable federal, state and local employment laws, including the Americans with Disabilities Act," the spokesperson wrote.
The complaint, filed in the U.S. District Court for the District of Western Oklahoma, requests a jury trial. The EEOC asked the court to demand Paycom compensate Jorgenson for the lost earnings and emotional distress she suffered as a result of the company's treatment. The complaint also seeks an injunction to ensure Paycom can't refuse to hire someone because they require an accommodation for their disability.
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