Paycom fired worker because of her onion allergy, EEOC claims

The U.S. Equal Employment Opportunity Commission is suing Paycom, alleging the company fired an employee who had a severe onion allergy rather than providing “reasonable workplace accommodations.”

The agency contends the Oklahoma City payroll software company violated disability discrimination laws by failing to protect the employee, who repeatedly suffered anaphylactic reactions from exposure to food brought in by coworkers.

According to the lawsuit filed in Oklahoma City federal court, the employee told her supervisors and the human resources department about her life-threatening allergy and provided medical documents recommending she work either in a secluded space or from home.

The government alleges Paycom provided only temporary adjustments and declined to allow the employee to work remotely. Company officials also did not tell people who worked near her not to bring food containing onions to the office.

The employee, who is identified in the lawsuit as Katie Jorgenson, experienced multiple allergic reactions when exposed to food in nearby breakrooms and hallways, the lawsuit contends. In two of those instances, Jorgenson was taken by ambulance to the hospital.

The day after her most severe reaction in June 2024, the company fired her, stating it could not accommodate her disability, according to the EEOC’s complaint, according to the lawsuit filing.

In response to inquiries from The Oklahoman about the lawsuit, Paycom officials issued a statement saying the company follows all federal laws.

“While we do not comment on pending litigation, we want to affirm that Paycom is committed to the well-being of our employees,” the company said in a statement. “We maintain a workplace that complies with applicable federal, state and local employment laws, including the Americans with Disabilities Act.”

Messages seeking comment from Jorgenson were not immediately returned by publication time.

Andrea Baran, an attorney for the EEOC, said employers have a legal obligation to provide reasonable accommodations for workers with disabilities, particularly when the potential consequences of inaction are life threatening.

“No employee should be forced to choose between their health and their livelihood,” Baran said in a release Wednesday, July 1, announcing the lawsuit.

What led to the lawsuit against Paycom

Jorgenson began working at Paycom on May 20, 2024, and according to the government’s lawsuit, she explained her severe onion allergy to Paycom officials.

On May 23, 2024, coworkers carrying onion burgers passed near Jorgenson’s cubicle. Jorgenson smelled the onions and suffered an anaphylactic reaction that required her to leave work and use emergency medication.

The next day, Jorgenson was again exposed to onions in the workplace, and she required treatment from paramedics onsite, according to the filing. Several days later, she sent an email to human resources requesting accommodation, explaining her allergy and rehashing her recent anaphylactic reactions.

Company officials approved Jorgenson’s temporary use of a private workspace from 10 a.m. to 2 p.m., the lawsuit claims.

Jorgensen then submitted records from her doctor that underscored the danger of onion exposure and recommended moving her to an enclosed office away from food or permitting her to work from home.

The lawsuit contends company officials responded by telling Jorgenson to wear a mask and carry an EpiPen. She was relocated to a room on a different floor with fewer employees, but a breakroom where employees routinely had food was approximately 15 feet away.

Jorgenson experienced another severe reaction after moving floors. On June 19, 2024, Paycom terminated Jorgenson, saying it was for the sake of her own “health and wellness,” according to the filing.

Government seeks injunction in Paycom lawsuit

The EEOC is seeking a permanent injunction prohibiting Paycom from refusing to employ a qualified person with a disability because he or she “needs a reasonable accommodation to perform the duties” the position requires.

The lawsuit also asks the court to order Paycom to develop and carry out practices and programs that provide equal employment opportunities for qualified people with disabilities. The suit seeks backpay for Jorgenson, as well as other relief and damages from Paycom.

Reporting by Jeff Elkins, The Oklahoman