Brown & Brown in Florida Denies EEOC Allegations of Pregnancy Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) has filed suit against national insurance brokerage firm Brown & Brown, based in Daytona Beach, Fla., over allegations it violated the Civil Rights Act by rescinding a job offer to a pregnant woman. Brown & Brown denies the allegations.

The suit alleges that Brown & Brown’s Daytona Beach location offered the position of personal lines technical assistant to Nicole Purcell back in March of 2015. Purcell says after receiving her offer letter and employment agreement form via e-mail, but before formally accepting the offer, she disclosed to Brown & Brown’s employee services coordinator that she was in the early stages of pregnancy and asked about the firm’s maternity benefits.

Purcell said she told the Brown & Brown representative that she did not intend to take extended leave from work.

According to the court documents, Brown & Brown’s representative responded that she would have to get back to Purcell and mentioned a former employee who was pregnant, and that “it didn’t turn out well.”

Purcell said later that day she received an email from Brown & Brown rescinding the job offer saying the company had “a very urgent need to have somebody in this position long term… We appreciate you telling us beforehand.”

In the suit, EEOC claims Brown & Brown committed unlawful employment practices causing out-of-pocket expenses, lost earnings, compensation and benefits as Purcell had already submitted her two week-notice to her previous employer in anticipation of taking the new position. The EEOC also states that Purcell suffered other damages including emotional pain, mental anguish, suffering, humiliation, inconvenience and loss of enjoyment of life.

The company is being accused of violating Title 1 of the Civil Rights Act and the Pregnancy Discrimination Act for allegedly discriminating against Purcell by failing to hire her because of her pregnancy, a condition of her sex.

EEOC filed suit July 25 in U.S. District Court for the Middle District of Florida, Tampa Division (EEOC v. w Brown & Brown of Florida, Inc., Case No. 6:16-cv-1326-ORL18-DAB) after first attempting to reach a pre-litigation settlement through its conciliation process.

Brown & Brown’s attorney Todd Aidman, a partner with national labor and defense firm FordHarrison in its Tampa office, said the lawsuit’s allegations against the company are untrue and that the broker “hires based upon merit and merit alone.”

“Brown & Brown is firmly committed to complying with the law and does not discriminate against people based on pregnancy or any other protected category,” Aidman told Insurance Journal. “Any other allegation otherwise is simply not true.”

The EEOC hadn’t yet served Brown & Brown when it announced its lawsuit against the company via press release on July 25. The company was eventually served in mid-August.

Aidman said he wouldn’t get into specifics of the case on what “statements may or may not have been made,” but said that Brown & Brown was not expecting the EEOC to file suit.

According to the press release from the EEOC, the agency seeks back pay and compensatory and punitive damages for the applicant. The suit also seeks injunctive relief to prevent and correct pregnancy discrimination, the posting of anti-discrimination notices, and training of Brown & Brown’s managers and employees about federal equal employment opportunity laws.

“Pregnant women have the right to seek jobs and not be denied employment because they are pregnant,” Robert Weisberg, EEOC’s Miami regional attorney, said in the press release. “The federal law which prohibits pregnancy discrimination against pregnant employees also applies to pregnant applicants. EEOC continues, with this suit, to seek vigorous enforcement of the laws that protect all women from this kind of intentional and harmful discrimination.”

Michael Farrell, director of the Miami District Office added, “Pregnant women have the right to seek employment free of discrimination and EEOC remains steadfast in its commitment to take legal action against employers who employ such tactics.”

Aidman said he doesn’t know when the case will be brought to trial, but that Brown & Brown will continue to fight the charges.

“Any employment rescission related to Ms. Purcell was not related to pregnancy,” he said.