Comfort Keepers Franchisee to Pay $324,200 to Resolve EEOC Charges of Pregnancy Discrimination and Unlawful Medical Inquiries

FLORENCE, S.C. - Florence CK, LLC, a Comfort Keepers franchisee providing in-home caregiving in Florence, agreed to pay $324,200 and furnish other relief to resolve a discrimination charge filed with the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

In its charge investigation, the EEOC found reasonable cause to believe that the company, which provides services across South Carolina, discriminated against a new employee attending orientation in November 2023, violating four different federal anti-discrimination laws.

During orientation, the employee notified Comfort Keepers of her pregnancy and the company instructed her to obtain medical clearance. The EEOC found reasonable cause to believe that when the employee then notified the company of a pregnancy-related limitation, the company failed to accommodate and eventually fired her although the employee could perform the essential functions of the position with or without a reasonable accommodation.

The EEOC investigation found reasonable cause to believe that the company violated Title VII of the Civil Rights Act of 1964, the Pregnant Workers Fairness Act (PWFA) and the Americans with Disabilities Act by requiring an unlawful medical exam, failing to accommodate and firing the new employee. The investigation also found reasonable cause to believe that the company's statewide hiring practice of requiring disclosure of family medical information violated the Genetic Information Nondiscrimination Act (GINA).

"Title VII and the PWFA, both enforced by the EEOC, provide robust protections against pregnancy discrimination for workers," said Betsy Rader, director of the EEOC's Charlotte District Office. "It is imperative that employers routinely provide updated training to supervisors and other decisionmakers on equal employment opportunity laws to protect both employees and employers. GINA is a lesser known, but important law employers should be familiar with and follow."

During the pre-litigation conciliation process, the company agreed to provide monetary relief totaling $324,000 to the affected employee and more than 1,000 former and current candidates and employees. Florence CK will also provide anti-discrimination training for all human resources personnel, managers and decisionmakers, and post EEOC notices, including a notice regarding the resolution of this matter, in conspicuous places. The EEOC will monitor compliance with the agreement for two and a half years.

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The EEOC's Charlotte District Office has jurisdiction over North Carolina, parts of South Carolina and parts of Virginia.

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 also is responsible for coordinating the federal government's employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov .