EEOC Sues LogistiCare Solutions and HCM Staffing for Pregnancy Discrimination

Phoenix call center LogistiCare Solutions LLC violated federal law when it fired temporary employees placed by a staffing company because they were pregnant, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit. The EEOC also charged that the staffing company, Human Capital Management, Inc., doing business as HCM Staffing, violated federal law when it did not take appropriate corrective action after it learned that LogistiCare terminated its employees because of their pregnancies. According to the EEOC’s lawsuit, HCM Staffing placed Tiffany Lewis and at least one other pregnant employee at LogistiCare as Customer Service Representatives. These workers were in a training class for one week before LogistiCare fired them. LogistiCare assumed that they would not be able to comply with its attendance policy because of their pregnancies. HCM Staffing knew why LogistiCare terminated these employees, but complied with LogistiCare’s decision and continued placing employees with LogistiCare, the EEOC said. Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, which prohibits employment discrimination based on sex, including pregnancy. The lawsuit seeks back pay, compensa­tory damages, and punitive damages for the charging party and other aggrieved individuals as well as appropriate injunctive relief to prevent discriminatory practices in the future.

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