SEATTLE — Attorney General Bob Ferguson filed a civil rights lawsuit Wednesday accusing O’Reilly Auto Parts of systemic discrimination and retaliation against the company’s pregnant employees.
The lawsuit, filed in King County Superior Court, accused O'Reilly of unlawfully refusing pregnant workers reasonable workplace accommodations. The corporate retailer with 169 stores across 27 Washington counties allegedly denied pregnant workers the ability to sit or rest, did not limit how much they lift or handle hazardous materials, had little flexibility for restroom breaks, and prevented the women from pumping breastmilk for their newborn babies after returning to work postpartum.
The Attorney General's Office said at least 22 women working for O'Reilly suffered physically, emotionally and financially, but they suspect the number of workers discriminated against is much higher.
According to the lawsuit, O'Reilly managers retaliated against the women who sought the accommodations — demoting them, threatening termination and forcing them to take unpaid leave or quit altogether.
The lawsuit is asking for damages and restitution for the people who were harmed The penalties for targeting workers on the basis of sex discrimination are $7,500 for each violation and enhanced penalties of $5,000 per violation, respectively.
“Pregnant Washingtonians should not have to choose between healthy, safe pregnancies and their livelihoods,” Ferguson said. “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.”
Two pregnant employees made two separate complaints within months of each other, leading to an investigation by the Attorney General's Office. Officials said there were at least 134 requests for pregnancy accommodations in Washington between January 2019 and February 2023. O'Reilly was unresponsive and uncooperative with the requests, Ferguson said.
Multiple women told investigators their requests for pregnancy-related leave were denied. One woman said O'Reilly's leave of absence department repeatedly rejected the accommodation because her due date was an "estimate" and not definitive.
The lawsuit said managers made the pregnant woman lift more than the weight limit recommended as safe by their doctors. This continued even after some employees said they were feeling dizzy and had significant cramping or other physical symptoms while lifting, the lawsuit alleged.
Other women claimed they were verbally harassed for taking breaks to sit or use the restroom, with two women accusing O'Reilly managers of hiding stools they used during breaks to rest. One of the women had gestational diabetes and blood clots in her legs, Ferguson said. An assistant manager allegedly admitted to hiding stools.
Ferguson said managers were dismissive when the workers expressed their concerns.
After giving birth, the lawsuit accused the managers of coercing the women into returning to work before the end of their scheduled maternity leave. Pregnant employees were denied time to pump breastmilk, denying them the ability to breastfeed their babies, the lawsuit detailed.
Some managers were accused of forcing the women out of their jobs immediately once they asked for pregnancy accommodations.
Investigators said this conduct was consistent across multiple O'Reilly stores in Washington. Ferguson said one woman who was pregnant four times during nearly a decade of employment at O'Reilly had to transfer to another store farther from her home because the store she worked for denied her pregnancy-related leave of absence.
In a statement to KING 5, O'Reilly Autoparts said the company complies with Washington state's laws against discrimination, writing:
"O’Reilly Auto Parts was just made aware of the news release from the Washington State Attorney General’s Office, and is surprised with both the characterization of the facts and the filing of the Complaint. Our policies and practices are designed to, and do, comply with Washington’s Healthy Starts Act and the Law Against Discrimination. These policies and practices prohibit discrimination and retaliation against pregnant applicants and team members, provide for reasonable accommodation in compliance with these Acts, and prohibit retaliation for exercising their rights under them."
The Attorney General's Office said other employees discriminated against can call 833-660-4877 or email Oreillylawsuit@atg.wa. Current and former employees may submit a complaint using an online form.