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PRESS RELEASE
10-6-11

Capri Home Care Sued By EEOC In Pregnancy Discrimination Lawsuit

Job Offer Rescinded After Company Learned of Applicant’s Pregnancy, Federal Agency Charged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 Within an  hour, the EEOC said, Capri rescinded its job  offer, claiming it had already offered the position to a former employee.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.