Brown & Brown Insurance Brokerage Firm Is Sued By EEOC in Pregnancy Discrimination Lawsuit

Job Offer Rescinded After Company Learned of Applicant's Pregnancy, Federal Agency Charged

MIAMI - A Daytona Beach-based insurance brokerage firm violated federal law by rescinding a job offer to a woman because of her pregnancy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

According to EEOC's suit, Brown & Brown, which owns and operates 180 offices across the United States, made a written employment offer to the applicant and also sent her an employment agreement for a "personal lines technical assistant" position at its Daytona Beach location. The company proposed start dates of either March 30 or April 6, 2015. Upon receipt of the offer letter, the applicant emailed the department leader, affirming her interest and seeking to ask a few questions regarding the offer. About two hours later, the applicant spoke with the department leader's assistant and inquired about maternity benefits because she was pregnant. The assistant immediately advised the department leader of the applicant's pregnancy and, minutes later, the applicant received an email rescinding the job offer because, according to Brown & Brown, it "had a very urgent need to have somebody in the position long term …We appreciate you telling us beforehand."

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EEOC Issues New Resource Documents for White House United State of Women Summit

Documents Address Equal Pay and Pregnancy Discrimination

WASHINGTON, DC-Today, leaders from the U.S. Equal Employment Opportunity Commission (EEOC) will participate in the White House United State of Women Summit. The Summit gathers experts, advocates, and grassroots and business leaders who work in both domestic and international arenas to highlight key issues affecting women and girls and best practices to carry on into the future. The Summit's plenary and breakout sessions will address topics including economic empowerment, health and wellness, educational opportunity, violence against women, entrepreneurship and innovation, and leadership and civic engagement. The Summit will be livestreamed at www.theunitedstateofwomen.org.

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First Call Ambulance Service to Pay $55,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Medical Transport Company Refused Accommodation to Pregnant Employee, Federal Agency Charged

NASHVILLE, Tenn. - First Call Ambulance Service, LLC, a Nashville-based company that provides non-emergency medical transport and ambulance services throughout Tennessee, Ohio and Virginia, will pay $55,000 to settle a pregnancy discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

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Office Concepts to Pay $45,000 to Settle EEOC Pregnancy Discrimination Suit

Fort Wayne Office Product and Service Store Fired Employee Because of Her Pregnancy, Federal Agency Charged

INDIANAPOLIS - Office Concepts, Inc., a Fort Wayne, Ind., office product and service store, will pay $45,000 and provide other relief to settle a pregnancy discrimination lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

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Landis Communities and Landis Homes Retirement Community Will Pay $132,500 to Resolve EEOC Suit

Nursing Home Terminated Pregnant Nursing Supervisor Who Requested a Lifting Accommodation, Conducted Unlawful Medical Inquiry, and Refused Rehire Because of Her Disability, Federal Agency Says

PHILADELPHIA - Nursing home Landis Homes Retirement Community, and its managing entity, Landis Communities, will pay $132,500 and furnish other significant relief to resolve a federal pregnancy discrimination, disability discrimination, and retaliation lawsuit, the U.S. Equal Employ­ment Opportunity Commission (EEOC) announced today.

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EEOC Obtains Over $66,000 from Moonshine Group and True Country for Pregnancy Discrimination

Tempe Bar Fired Bartender Because She Was Pregnant, Federal Agency Charged

PHOENIX - The owners/operators of the Moonshine Whiskey Bar in Tempe, Ariz., will pay $66,000 and furnish other relief to settle a pregnancy discrimination lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

Read the story here. 

Wayne State University Found Responsible for Pregnancy Bias on an Internship

Appeals court upholds verdict that Wayne State must pay $850,000 to former student whose pregnancy was subject of inappropriate criticism by supervisor.

By Scott Jaschik, Inside Higher Ed

The U.S. Court of Appeals for the Sixth Circuit has affirmed a jury finding that Wayne State University failed to respond to pregnancy-based discrimination against one of its students. For failing to do so, Wayne State must pay $850,000.

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Quality Solutions, LLC to Pay $22,500 to Settle EEOC Pregnancy Discrimination Suit

Company Violated Federal Law by Failing to Hire Pregnant Applicant, Federal Agency Charged

ATLANTA - Quality Solutions, LLC, a Dalton, Ga., staffing company, will pay $22,500 and furnish other relief to settle a pregnancy discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Read the press release here.

Don’t Cry Over Spilled Milk: Best Practices for Handling Nursing Employees

DLA Piper LLP, Lexology

“First comes love, then comes marriage [or not – no judgment], then comes the baby in the baby carriage” and then – for nursing working mothers – comes expressing milk at the workplace. Nursing employees are currently afforded workplace protections under several major federal laws; plus, many state and local governments have expanded these federal protections, extending additional rights to nursing workers.

Read the story here.

Related content:

• The Definition of Sex (Graydon Head & Ritchey LLP)

Five Tips If You’re Planning To Fire A Pregnant Employee, Especially One With A Disability

FisherBroyles, Lexology

The EEOC has long declared in its Strategic Enforcement Plan (“SEP”) that issues “involving the intersection between the ADA and pregnancy-related limitations is one of [its] six national priorities.”

Read the story here.

Related content:

• Another Case Of Exploited Female Workers (FisherBroyles)
• Top Ten Tips - No Eleven - To Avoid Employment Discrimination Claims (FisherBroyles)

NHC Healthcare/Clinton, LLC will Pay $50,000 to Settle EEOC Pregnancy and Disability Discrimination Lawsuit

Nursing Center Failed to Provide Pregnant Employee with a Reasonable Accommodation and Subsequently Fired Her, Federal Agency Charged

GREENVILLE, S.C. - NHC Healthcare/Clinton, LLC, a licensed nursing center that provides a wide array of skilled nursing, therapeutic and rehabilitative services, has agreed to pay $50,000 and provide substantial injunctive relief to settle a pregnancy and disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Read the press release here.

Dehaven’s Transfer & Storage to Pay $35,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Moving Company Fired Expectant Employee Based on Unfounded Belief That Job Was Unsafe for Her, Federal Agency Charged

DURHAM, N.C. - DeHaven's Transfer & Storage, Inc., a residential and commercial moving company, has agreed to pay $35,000 and provide significant relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. EEOC had charged in its lawsuit that DeHaven's violated federal law by discrimin­ating against a female employee when it fired her because she was pregnant.

Read the press release here.

Chicago Public Schools settle civil rights lawsuit from pregnant teachers

Aamer Madhani, USA Today

CHICAGO — The Justice Department announced Wednesday it has reached a settlement with the nation's third-largest school system over allegations that it discriminated against pregnant teachers and new mothers in violation of federal law.

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Surrogate mother's discrimination claims move forward against employer

Manatt Phelps & Phillips LLP, Lexology

A California federal court judge refused to dismiss a surrogate mother's claims that she was not provided with accommodations in violation of the federal Pregnancy Discrimination Act and California's Fair Employment and Housing Act, moving the case forward. Mary Gonzales sued Marriott International earlier this year alleging that the hotel chain discriminated against her for being a surrogate mother, demonstrated by the fact that she was only permitted to take lactation breaks for a few weeks before being told she had to use her lunch break to pump—while other lactating women were granted breaks—because she wasn't feeding a child at home.

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Katy-Area Shipley’s Donuts Franchise Pays $45,000 To Settle EEOC Pregnancy Discrimination Suit

Food Establishment Forced Employee to Take Leave and Then Fired Her Due to Pregnancy, Federal Agency Charged

HOUSTON - D&S Shipley Donuts, dba Shipley's Donuts, a Katy, Texas-area franchise, will pay $45,000 and furnish other relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Read the story here.

Triborough Bridge & Tunnel Authority Discriminated Against Pregnant Female Officers, U.S. EEOC & U.S. DOJ Found

Female Bridge and Tunnel Operating Force Officers Awarded $206,500 in Settlement

NEW YORK - Triborough Bridge and Tunnel Authority (TBTA), the law enforcement division of the TBTA Operating Force, will pay $206,500 and furnish other relief to resolve charges of pregnancy discrimination brought by female Bridge and Tunnel Operating Force Officers (BTOFOs), the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), announced today.

Read the story here.

Pregnant Officer Denied Chance to Take Sergeant’s Exam Fights Back

By Rachel L. Swarms, The New York Times

Police Officer Akema Thompson felt the energy in the air the moment she walked into the Manhattan precinct station. And as soon as she stepped into the women’s locker room, she knew why.

A sign on the wall announced a preparatory course for officers interested in taking the sergeant’s exam. The Civil Service test, an initial step to climbing the career ladder in the New York Police Department, was being offered for the first time in two years, and her station was buzzing.

Read the story here.

Beehive of Vernal to Settle EEOC Pregnancy Discrimination Case

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
4-6-12

Federal Agency Charges Two Women Discharged Over Pregnancies

PHOENIX – Beehive of Vernal, Inc., which operates nursing homes in Vernal, Utah, has agreed to pay $22,000 and furnish other relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC’s lawsuit, Beehive’s owner offered an assistant manager’s job to a replacement upon learning of the assistant manager’s pregnancy, repeatedly asked her when she planned to stop working, and subjected her to closer scrutiny, ultimately compelling her to quit. The EEOC also charged that Beehive’s owner repeatedly asked another assistant manager when she planned to stop working upon learning of her pregnancy, demoted her, and ultimately stopped scheduling her for work, effectively terminating her.

Pregnancy discrimination violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA). The EEOC filed suit, EEOC v. Beehive of Vernal, Inc., 11CV00919SA, in U.S. District Court for the District of Utah in Salt Lake City on Sept. 29, 2011, after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to the monetary settlement, Beehive has agreed, among other things, to provide its employees, supervisors, managers and human resources employees with annual training for three years on pregnancy discrimination, and to make periodic reports to the EEOC.

“Beehive is to be commended for addressing this case in a direct fashion and for working with our Denver Field Office to institute measures to modify its practices and prevent discrimination based on pregnancy,” said EEOC Regional Attorney Mary Jo O’Neill of the Phoenix District, which includes Utah. “The EEOC also appreciates Beehive’s commitment to better train and educate its management team and work force. We believe this agreement will help promote a discrimination-free workplace going forward.”

EEOC Phoenix District Director Rayford Irvin added, “Pregnancy discrimination is a form of sex discrimination. The EEOC is steadfast in its commitment to assist victims of all forms of employment discrimination.”

The EEOC enforces federal laws prohibiting employment discrimination. The Phoenix District Office covers Utah, Colorado, Arizona, Wyoming and part of New Mexico. Further information is available on the EEOC’s website at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/4-6-12.cfm

HCS Medical Staffing Ordered to Pay $148,000 for Pregnancy Discrimination by Owner

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
3-2-12

EEOC Prevails in Case on Behalf of Bookkeeper Fired After Having a Child

MILWAUKEE – A federal judge has ordered a Milwaukee medical staffing company to pay $148,000 to settle a pregnancy discrimination case filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The EEOC’s suit charged that owner of HCS Medical Staffing, Inc. discriminated against Roxy Leger, the company’s bookkeeper, in violation of federal law, when he made offensive comments about her pregnancy and fired her because she needed to take maternity leave following the birth of her son .

Pregnancy discrimination violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. The EEOC filed suit (EEOC v. HCS Medical Staffing, Inc., Civ. 11-CV-402) in U.S. District Court for the Eastern District of Wisconsin in April 2011, after first attempting to reach a pre-litigation settlement through its conciliation process.

After HCS failed to respond to a court order to retain an attorney, the court entered a default judgment against the company on Feb. 17, 2012. The court ordered the employer to pay Roxy Leger back pay plus pre-judgment interest in the sum of $48,340; compensatory damages in the sum of $50,000; and punitive damages amounting to $50,000; totaling $148,340 in damages against HCS Medical Staffing.

Judge J.P. Stadtmueller found that the “circumstances leading up to HCS's discriminatory termination of Leger were inherently humiliating and caused Leger substantial emotional distress. The circumstances surrounding Leger's notification of termination were equally degrading.”

The judge found that HCS's owner, Charles Sisson, referred to Leger's pregnancy as a joke; insisted that maternity leave should last no more than a couple of days; suggested that Leger's pre-natal appointments were a ruse for additional time off or for money; and gave Leger an offensive graphic diagram of a machine which would allegedly allow Leger to return from her maternity leave sooner. With no prior warning or discipline, HCS terminated Leger's employment and health insurance while she was still in the hospital recovering from a Caesarean section. Leger learned of her termination days later by certified mail.

In addition to the monetary relief, the judge ordered that HCS Medical Staffing be permanently enjoined from engaging in any further pregnancy discrimination.

“The conduct at issue in this case was deplorable,” said EEOC Regional Attorney John Hendrickson. “Pregnancy discrimination is sex discrimination. It is flatly prohibited by law. Working to stop it remains a high priority for the EEOC.”

Hendrickson noted the Commission held a meeting on Feb. 15, 2012, in Washington, in which the Commissioners heard testimony that unlawful discrimination based on pregnancy and caregiving responsibilities remains a widespread problem. Material from this Commission meeting can be found at www.eeoc.gov/eeoc/meetings/2-15-12/index.cfm.

The EEOC's Chicago District Office is responsible for processing discrimination charges, administrative enforcement and the conduct of agency litigation in Wisconsin, Minnesota, Illinois, Iowa, North Dakota and South Dakota, and operates Area Offices in Milwaukee and Minneapolis.

The EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.


http://www.eeoc.gov/eeoc/newsroom/release/3-2-12.cfm

James E. Brown & Associates Sued by EEOC for Pregnancy Discrimination

U.S. Equal Employment Opportunity Commission
D.C. Law Firm Rescinded Job Offer to Pregnant Applicant, EEOC Charges

WASHINGTON – A Washington, D.C. law firm violated federal law when it refused to hire a job applicant because she was pregnant, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the EEOC’s complaint, James E. Brown & Associates, PLLC rescinded its offer of employment to Zorayda J. Moreira-Smith when it learned that she was pregnant. The EEOC said Moreira-Smith interviewed for an associate attorney position at Brown & Associates around November 2010 and received a job offer in January 2011. Before Moreira-Smith accepted the job offer, on or around January 6, 2011, she e-mailed the Brown & Associates’ business manager to inquire about the company’s maternity leave policy, among other things. In the same e-mail, Moreira-Smith informed the business manager that she was six months’ pregnant. Later that same day, Brown & Associates e-mailed Moreira-Smith and rescinded its job offer, the EEOC said. The company continued to advertise for the same position and, within three months, hired two associates who were not pregnant.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. The EEOC filed suit in the U.S. District Court for the District of Columbia (Equal Employment Opportunity Commission v. James E. Brown & Associates, PLLC, Civil Action No. 1:12-cv-00262 ), after first attempting to reach a voluntary settlement out of court. The suit seeks back pay, compensatory damages and punitive damages for Moreira-Smith, as well as injunctive and other non-monetary relief.

“Working women who choose to have children cannot be penalized or treated differently from other employees simply because they are pregnant,”said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office, which has litigation authority in the District of Columbia. “Employers must remember that refusing to hire a woman because she is pregnant violates federal law, and the EEOC will enforce that law.”

On Feb. 15, the EEOC held a meeting examining pregnancy discrimination and caregiving issues. In Fiscal Year 2011, the EEOC received 5,868 charges of pregnancy discrimination.

The EEOC enforces federal laws prohibiting discrimination in employment. Further information about the Commission is available on its web site at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/2-16-12a.cfm