Federal Agency Charges That Tampa Health Care Provider Rescinded Job Offer to Woman Because of Pregnancy

TAMPA, Fla. - Capri Home Care, Inc. settled an employment discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) for $23,000 and other relief, the agency announced today. The EEOC sued Capri for not hiring a pregnant woman into a billing clerk / administrative assistant position at its Clearwater, Fla., corporate office. Capri is a leading home health agency providing skilled nursing and specialized home health care throughout Central Florida.

The agency said a female job applicant was hired on the spot for the position. When Capri discovered she was pregnant, however, it withdrew its offer, claiming that another person had filled the position.

Pregnancy discrimination violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA). The EEOC filed its suit in September 2011 in U.S. District Court for the Middle District of Florida (EEOC v. Capri Home Care, Inc. d/b/a/ Capri Home Care, Case No. 8:11-CV-2211-T-26MAP) after first attempting to reach a pre-litigation settlement through its conciliation process.

Per the two-year consent decree settling the suit, Capri's owners have personally guaranteed payment of the monetary benefit, meaning that the owners are just as responsible for payment as the company and could be sued individually to enforce the decree's monetary provisions. In addition, Capri agreed to post its anti-discrimination policy, and to train its managers and employees about equal employment opportunity laws at its three locations in Central Florida. The EEOC will monitor compliance with the decree.

"Pregnancy discrimination is a great social wrong and those businesses that engage in unlawful employment discrimination will be held accountable," said Malcolm Medley, director of the EEOC's Miami District Office. "We are glad that Capri accepted responsibility early in the litigation process and worked together with the EEOC to reach an equitable resolution for all parties."

Robert Weisberg, the EEOC's Miami regional attorney, added, "The struggle of pregnant women in the workplace continues to be problematic. Women should not have to fear that disclosing their pregnancy will lead to lost job opportunities."