U.S. Equal Employment Opportunity Commission
Job Offer Rescinded After Company Learned of Applicant’s Pregnancy, Federal Agency Charged
TAMPA – The U.S. Equal Employment Opportunity Commission (EEOC) today announced that it filed an employment discrimination lawsuit against Capri Home Care, Inc. for refusing to hire a pregnant applicant into an administrative assistant / billing clerk position at its Clearwater, Fla., facility. Capri Home Care is a home health agency that provides skilled nursing and specialized home health care throughout Central Florida.
According to the EEOC’s suit, Capri’s management was so impressed with the applicant at her initial interview that they immediately extended her an offer for the position starting the next day. Following orientation on the applicant’s first day of work, Capri’s sentiment changed after she disclosed she was pregnant. Within an hour, the EEOC said, Capri rescinded its job offer, claiming it had already offered the position to a former employee. A non-pregnant woman was selected several months later, the EEOC said.
Pregnancy discrimination violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. The EEOC filed suit in U.S. District Court for the Middle District, Tampa Division (EEOC v. Capri Home Care Inc., d/b/a Capri Home Care, Case No. 8:11-cv-02211-RAL-MAP) after first attempting to reach a pre-litigation settlement through its conciliation process. The agency is seeking back pay and compensatory and punitive damages for woman who was subjected to discrimination. The suit also seeks injunctive relief to prevent and correct pregnancy discrimination, posting of anti-discrimination notices, and training of Capri’s managers and employees about equal employment opportunity laws.
“To deny a woman employment because she is pregnant places her and her family in a position of immeasurable harm,” said Malcolm Medley, director of the EEOC’s Miami District Office. “The EEOC remains steadfast in its commitment to take legal action against those who employ such tactics.”
Robert Weisberg, the EEOC’s Miami regional attorney, added, “Pregnant women have the right to seek jobs and work in an environment free of discrimination. The EEOC continues, with this suit, to seek vigorous enforcement of the laws that protect all women from this kind of intentional and egregious discrimination.”
The EEOC is responsible for enforcing federal laws against employment discrimination. The Miami District Office’s jurisdiction includes Florida, Puerto Rico and U.S. Virgin Islands. Further information is available at www.eeoc.gov.