O’Reilly will pay $5.6M for widespread denial of pregnancy and nursing accommodations to Washington workers

Women across Washington who alleged discrimination and retaliation related to their pregnancies while working for O'Reilly Auto Parts stores, and the distribution center in Puyallup, will receive compensation under a $5.6 million consent decree between the employer and the State of Washington.

After investigating multiple complaints of pregnancy-related discrimination at O'Reilly, the Washington Attorney General's Office (AGO) filed suit against the Missouri-based O'Reilly Auto Enterprises, LLC, in August 2023. The AGO alleged the company violated state law by systematically failing or refusing to provide pregnant and postpartum workers with reasonable workplace accommodations. The complaint also alleged O'Reilly managers retaliated against workers who requested accommodations, including by threatening them with forced leave, termination, or making them return from parental leave early.

"In Washington, employers must provide accommodations to pregnant and postpartum employees to protect their health and their babies," Attorney General Nick Brown said. "I'm proud of our team for fighting so hard to ensure compensation to the women whose rights were violated, and to protect the rights of future O'Reilly employees across Washington state."

After years of litigation, trial was set to begin on March 16. During litigation O'Reilly admitted that it had not trained its Washington management and human resources staff about the requirements of Washington's Healthy Starts Act, which mandates that employers provide reasonable pregnancy-related accommodations. O'Reilly has now agreed to implement training and adopt new policies and practices that will ensure that the rights of its workers will be honored.

Stories from O'Reilly workers

Women involved in the case said they came forward to make sure no future workers suffer the same kind of treatment they experienced.

Ivannah Trinidad worked at O'Reilly's Puyallup Distribution Center while pregnant in 2022 and 2023. She said that when she experienced bad cramps and provided a doctor's note saying she should not lift anything heavier than 15 pounds, O'Reilly management continued to assign her work that exceeded her restrictions. When she reported being in pain and requested breaks to sit and rest, her supervisor told her to push through, sometimes not even allowing her to take her standard breaks. She says the lack of accommodation caused her baby to drop and she was forced to go on leave early. After her baby arrived and her leave was expired, Trinidad asked to take an additional week or two of leave to care for her sick infant, but O'Reilly refused her request and she was forced to resign.

"This case was not only for me, but it was for also standing up for every pregnant woman who ever felt forced to choose between her job and her health," she said. "I truly hope and pray that this outcome leads to change. Not just on paper, but in practice. I hope it will give other women the courage to speak up, to know their rights, and to understand that they are not alone."

Rachel Venefra worked at several O'Reilly store locations from 2013 until 2022 in southern Washington state. While pregnant with her second child, she was not allowed to sit down when customers were present and she often had to lift heavy items against the advice of her doctor, and in violation of the Healthy Starts Act. She later found out that her daughter had suffered an in-utero stroke, which impacted her child's brain, a lasting health issue that Venefra said she thinks is connected to blood clots caused by heavy lifting. Coming forward with her complaints helped her take action on behalf of other pregnant women.

"I was doing this to protect every woman and every baby," Venefra said. "Everyone deserves a good start at life."

O'Reilly consent decree

In addition to paying $5.6 million-which will provide compensation to the more than 50 harmed workers-the consent decree also requires O'Reilly to make significant operational changes including:

• Implementing a pregnancy accommodation and anti-discrimination policy in Washington and explaining to its pregnant and nursing employees the rights afforded to them under the Washington Healthy Starts Act.
• Modifying its automated human resources system to include a link to its Washington policies and procedures for any employee in the state who requests an accommodation.
• Implementing policies for managers and human resources staff that inform them of the company's obligations under Washington law and ensure they respond appropriately to requests for accommodation. These policies include requiring O'Reilly to consult the accommodations department prior to issuing any disciplinary action against an employee who has requested an accommodation.
• Providing training for managers, human resource employees, and corporate employees who handle pregnancy and nursing accommodation requests in Washington.

For the next four years, O'Reilly will provide the AGO with biannual compliance reports which will include a description of any pregnancy discrimination complaints made by a Washington employee and will indicate whether the worker's employment was terminated while their accommodation request was pending, so the AGO may ensure O'Reilly complies with state law.

Healthy Starts Act

Washington's Healthy Starts Act, which went into effect in July 2017, provides significant pregnancy-related rights under Washington law. The law requires employers-with limited exceptions-to make reasonable pregnancy-related accommodations, including:

• Providing more frequent, longer, or flexible restroom breaks.
• Modifying a no food or drink policy.
• Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices, or an employee's work station.
• Providing seating or allowing the employee to sit more frequently if her job requires her to stand.
• Providing for a temporary transfer to a less strenuous or less hazardous position
• Providing assistance with manual labor and limits on lifting.
• Scheduling flexibility for prenatal visits.
• Providing reasonable break time and a private location other than the bathroom to express breast milk for two years after the child's birth each time the employee has need to express the milk.
• Any further pregnancy accommodation an employee may request.

Additional information about the Healthy Starts Act is available on the AGO website: Pregnancy and Breastfeeding Accommodations. Workers who have experienced pregnancy related discrimination or retaliation may also submit a complaint using an online form or by calling 1-833-660-4877.

Defendant O'Reilly Auto Enterprises owns and operates approximately 170 retail stores selling auto parts throughout Washington in 29 counties. By its own estimates, in the relevant period between 2017 and 2024, O'Reilly employed in Washington between 2,274 and 2,568 "team members," which are line employees in non-managerial positions. During the same period, women represented between 23.6% and 27.2% of O'Reilly's Washington team member workforce.

A copy of the consent decree is available here.

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Washington's Attorney General serves the people and the state of Washington. As the state's largest law firm, the Attorney General's Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington's 39 counties. Visit www.atg.wa.gov to learn more.

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