EEOC Sues WorkSmart Staffing for Sex Discrimination

BIRMINGHAM, Ala. – WorkSmart Staffing, LLC, a regional staffing agency in the southeastern United States headquartered in Greenville, South Carolina, violated federal law by discriminating against a class of females when it failed to hire or refer them to available positions, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

According to the EEOC’s lawsuit, from Aug. 1, 2020 to Aug. 8, 2023, WorkSmart failed to hire or refer a class of aggrieved females for laborer positions because of their sex at two of the company’s offices, in Hoover, and Leeds, Alabama. The EEOC’s complaint charged that one of WorkSmart’s clients requested male laborers only for their facility, and that WorkSmart complied with the client’s discriminatory request.

“Federal law protects applicants and employees from discrimination based on sex in hiring and job assignments, and the EEOC is committed to enforcing and remedying unlawful sex discrimination,” said EEOC Birmingham District Director Bradley Anderson.

Such alleged conduct violates Title VII of the Civil Rights Act, which prohibits discrimination because of an individual’s sex. The EEOC filed suit (EEOC v. WorkSmart Staffing, LLC, Civil Action No. 4:25-cv-01659-SGC) in U.S. District Court for the Northern District of Alabama, Middle Division, after first attempting to reach a pre-litigation settlement via its conciliation process. The EEOC is seeking back pay, front pay, compensatory damages and punitive damages for the affected females, as well as injunctive relief to prevent future discrimination.

Marsha Rucker, regional attorney for the EEOC’s Birmingham District Office, said, “Unfortunately, some companies engage in sex-based hiring practices that have no place in today’s workforce. The EEOC remains vigilant to prevent sex-based hiring practices across all sectors of employment .”

For more information on sex-based discrimination, please visit https://www.eeoc.gov/sex-based-discrimination.

The EEOC’s Birmingham District Office has jurisdiction over Alabama, Mississippi (except 17 northern counties) and the Florida Panhandle.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.