Summary:

O'Reilly Auto Parts has reached a $5.6 million consent decree with the State of Washington to resolve allegations of pregnancy discrimination and retaliation. The company systematically failed to provide pregnant and postpartum employees with reasonable workplace accommodations required under Washington law and retaliated against workers who requested accommodations by threatening forced leave, termination, or requiring workers to return early from parental leave. The agreement requires O'Reilly to implement training and adopt new policies and procedures intended to ensure compliance with Washington law.

Women across Washington who alleged pregnancy discrimination and retaliation while working for O’Reilly Auto Parts will receive compensation under a $5.6 million consent decree reached between the company and the State of Washington.

The agreement resolves a lawsuit filed by the Washington Attorney General’s Office in August 2023 after an investigation into complaints involving workers at O’Reilly retail stores and the company’s distribution center in Puyallup. According to the Attorney General’s Office, the Missouri based company systematically failed or refused to provide pregnant and postpartum employees with reasonable workplace accommodations required under Washington law.

The complaint also alleged that O’Reilly managers retaliated against workers who requested accommodations by threatening forced leave, termination or requiring workers to return early from parental leave.

“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.”

Trial in the case had been scheduled to begin March 16 after years of litigation. During the course of the litigation, O’Reilly acknowledged that Washington management and human resources staff had not been trained on the requirements of Washington’s Healthy Starts Act, according to the Attorney General’s Office. The law requires employers to provide reasonable pregnancy related accommodations.

Under the consent decree, more than 50 workers who were allegedly harmed will receive compensation. O’Reilly has also agreed to implement training and adopt new policies and procedures intended to ensure compliance with Washington law.

Workers involved in the case said the decision to come forward was intended to prevent other pregnant workers from experiencing similar treatment.

Ivannah Trinidad worked at the O’Reilly distribution center in Puyallup while pregnant in 2022 and 2023. According to Trinidad, severe cramps developed during the pregnancy and a doctor instructed that lifting be limited to no more than 15 pounds. Trinidad said management continued assigning work that exceeded the medical restriction.

Trinidad said requests to sit and rest during painful episodes were sometimes denied and supervisors occasionally refused to allow standard breaks. Trinidad said the lack of accommodation caused the baby to drop and forced Trinidad to begin leave early. After the baby was born and leave had expired, Trinidad requested an additional week or two of leave to care for a sick infant, but O’Reilly declined the request and Trinidad resigned.

“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,” Trinidad 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 in southern Washington from 2013 until 2022. Venefra said that while pregnant with a second child, store policies required standing whenever customers were present and heavy lifting continued despite medical advice and the requirements of the Healthy Starts Act.

Venefra later learned that the child suffered an in utero stroke that affected brain development. Venefra said the condition may be connected to blood clots caused by heavy lifting during pregnancy.

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

In addition to the $5.6 million payment, the consent decree requires O’Reilly to implement a pregnancy accommodation and anti discrimination policy in Washington and explain the rights available to pregnant and nursing employees under the Healthy Starts Act. The company must also modify its automated human resources system to provide employees in Washington with access to policies and procedures when an accommodation is requested.

The agreement also requires O’Reilly to establish policies informing managers and human resources staff of obligations under Washington law and to consult the company’s accommodations department before issuing disciplinary action against a worker who has requested an accommodation. The company must also provide training for managers, human resources employees and corporate staff who handle pregnancy and nursing accommodation requests in Washington.

For the next four years, O’Reilly must provide the Attorney General’s Office with biannual compliance reports that describe any pregnancy discrimination complaints made by Washington employees and identify whether a worker’s employment ended while an accommodation request was pending.

Washington’s Healthy Starts Act, which took effect in July 2017, requires employers with limited exceptions to provide reasonable accommodations for pregnancy related conditions. Examples may include more frequent restroom breaks, modified work schedules, job restructuring, reassignment to a vacant position, assistance with manual labor, lifting limits and scheduling flexibility for prenatal visits. The law also requires employers to provide break time and a private location other than a bathroom for employees to express breast milk for up to two years after a child’s birth.

O’Reilly Auto Enterprises operates approximately 170 retail stores in Washington across 29 counties. According to company estimates cited in the case, the company employed between 2,274 and 2,568 workers in non managerial positions in Washington between 2017 and 2024. Women represented between 23.6 percent and 27.2 percent of the Washington workforce during that period.

Workers who believe pregnancy related discrimination or retaliation has occurred may submit a complaint through the Washington Attorney General’s Office with an online form or call 1-833-660-4877.