Staffing Company Could Be Liable For Continuing To Doing Business with Employer that Discriminates

     The U.S. Equal Employment Opportunity recently filed a lawsuit against both a company, LogistiCare Solutions LLC, and a staffing agency that provided the company with employees, HCM Staffing, because for allegedly violating federal pregnancy discrimination laws.  The EEOC’s lawsuit claims that HCM placed at least two pregnant employees at LogistiCare to work as customer service representatives, but LogistiCare fired both of them after a one-week training.  The lawsuit further alleges that LogistiCare fired the employees because it assumed they could not meet the company’s attendance policy due to their pregnancy.  The EEOC also claims that the staffing agency knew that LogistiCare fired these employees because of their pregnancies but it continued staffing LogistiCare and it complied with LogistiCare’s decision to terminate the employees.  This alleged conduct by both companies is a violation of the Americans with Disabilities Act, which prohibits discrimination against employees on the basis of a disability.  See EEOC v. LogistiCare Solutions, LLC and Human Capital Management, Inc. dba HCM Staffing, No. 2:20-cv-00852-GMS (D. Ariz.).

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