AG Ferguson: O'Reilly Auto Parts denied accommodations for pregnant workers
Washington AG Bob Ferguson announces lawsuit against O'Reilly Auto Parts
Washington Attorney General Bob Ferguson filed a civil rights lawsuit against O'Reilly Auto Parts, alleging the auto retailer practiced ?systemic discrimination and retaliation? against pregnant employees.
SEATTLE - Washington Attorney General Bob Ferguson filed a civil rights lawsuit against O'Reilly Auto Parts, alleging the auto retailer practiced ‘systemic discrimination and retaliation’ against pregnant employees.
The Attorney General's Office (AGO) filed the lawsuit in King County Superior Court.
The suit asserts the company has been refusing ‘reasonable accommodations’ for pregnant workers like the being able to sit and rest, not carrying heavy objects or handling hazardous materials, restroom break flexibility or pumping breastmilk for their newborn babies. Additionally, the lawsuit says women who sought these accommodations faced retaliation from management including demotions, threatening to be fired, forcing them to take unpaid leave or quit.
"Pregnant Washingtonians should not have to choose between healthy, safe pregnancies and their livelihoods," said Ferguson. "My office will hold O’Reilly and any other employer accountable when they violate the law and endanger the health of their employees and their babies."
RELATED: Washington AG’s office, DSHS fined for evidence withholding
The AGO reports at least 22 women were subjected to this unlawful treatment, though they suspect there are far more who have not reported.
"Having a healthy and safe pregnancy is critical for both the baby and mother, and it’s reasonable to expect employers to accommodate that," said Sen. Karen Keiser. "Women shouldn’t have to choose between being able to work and provide for their families, and having a healthy pregnancy. While nearly all employers follow the law and do right by their pregnant workers, in the rare cases where they don’t, we need to act, and I want to thank Attorney General Ferguson for taking this important enforcement action."
Two pregnant employees filed complaints within a few months of each other. One woman reported her accommodation requests were ‘repeatedly rejected’ by O'Reilly's leave of absence department because her baby's due date "was an estimate and not definitive." Several others said they were subjected to verbal harassment or made to carry heavy objects, even after complaining of dizziness and cramping. Two women said managers hid the stools they sat on during their breaks—including a woman diagnosed with gestational diabetes and blood clots in her legs. Others still say their managers coerced them back to work before the end of their scheduled maternity leave.
Records pulled by the AGO show at least 134 requests for pregnancy accommodations in Washington between Jan. 2019–Feb. 2023.
The lawsuit seeks to obtain restitution and damages for the people discriminated against, as well as end the company's alleged discrimination. The AGO says penalties are $7,500 for each violation, with enhanced penalties of $5,000 per violation.
RELATED: Washington state court OK’s Albertsons’ merger $4B dividend
If you or someone you know experienced pregnancy discrimination at an O'Reilly's in Washington, you are urged to contact the AGO's Civil Rights Division at Oreillylawsuit@atg.wa.gov or (833) 660-4877, option 4. You can also file an online complaint on the Attorney General website.
The AGO previously investigated O'Reilly Auto Parts in 2014 for not providing healthcare benefits to same-sex couples, which prompted the company to begin the practice.