PHOENIX – A non-emergency medical transportation company with a call center located in Phoenix, Ariz., will pay $120,000 and furnish other relief to settle a pregnancy discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the EEOC’s lawsuit, LogistiCare Solutions, LLC, now doing business as ModivCare, fired two women because they were pregnant. The EEOC’s lawsuit charged that Tiffany Lewis and another pregnant woman were training to become customer service representatives. After less than one week in the training class, LogistiCare learned they were pregnant and fired them.
Pregnancy discrimination is a form of sex discrimination, which is prohibited by 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 District of Arizona (EEOC v. LogistiCare Solutions, LLC et al, Case No. 2:20-cv-00852-GMS) after first attempting to reach a pre-litigation settlement through its conciliation process.
The consent decree settling the suit, entered on May 7, 2021, prohibits LogistiCare from discriminating on the basis of sex, including pregnancy, in the future. The decree requires LogistiCare to pay $120,000 and issue a letter of apology to Lewis and the other aggrieved individual. The decree also requires the company to review and revise its equal employment opportunity policies. The decree also requires LogistiCare to train its supervisors, employees, and human resources personnel on Title VII and other anti-discrimination laws.
“More than 40 years after the passage of the Pregnancy Discrimination Act, employers still discriminate against pregnant women,” said EEOC Phoenix District Office Regional Attorney Mary Jo O’Neill. “Far too often, the EEOC sees employers explicitly referencing pregnancy when attempting to justify their decision to fire a pregnant employee or refuse to hire a pregnant applicant. Employers must understand they cannot base their employment decisions on whether or not an employee or applicant is expecting.”
Elizabeth Cadle, district director of the EEOC’s Phoenix District Office, said, “We appreciate LogistiCare’s cooperation in reaching a resolution of this case and its commitment to instituting policies and training to ensure that pregnant employees’ rights are protected moving forward.”
The EEOC’s Phoenix District Office has jurisdiction for Arizona, Colorado, Utah, Wyoming and part of New Mexico.
The 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.