EEOC Sues LogistiCare Solutions and HCM Staffing for Pregnancy Discrimination

PHOENIX – 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 filed on Friday. 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 EEOC filed suit in U.S. District Court for the District of Arizona (EEOC v. LogistiCare Solutions, LLC and Human Capital Management, Inc. dba HCM Staffing, Civil Action No. 2:20-cv-00852-GMS) after first attempting to reach a pre-litigation settlement through its conciliation process. 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.  

“Employers should not make employment decisions based on assumptions about what pregnant employees can and cannot do,” said Regional Attorney Mary Jo O’Neill of the EEOC’s Phoenix District Office. “Pregnancy discrimination remains a significant barrier for women in the workplace, and the EEOC will always be dedicated to fighting it.”

Elizabeth Cadle, district director of the EEOC’s Phoenix District Office, added, “Staffing companies cannot simply go along with the actions of their client companies, regardless of whether they violate the law. If they do, they may be liable for violations committed by their clients.”

EEOC’s Phoenix District Office has jurisdiction for Arizona, Colorado, Utah, Wyoming and part of New Mexico (including Albuquerque).

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