The U.S. Equal Employment Opportunity Commission claimed a pregnant worker’s weekly hours were reduced from 40 to 25 over a few months.
PORTLAND, Ore. (KOIN) — Federal authorities have accused an Oregon-headquartered grocer of discriminating against pregnant employees.
In a lawsuit filed in the U.S. District Court for the Western District of Washington on Wednesday, the U.S. Equal Employment Opportunity Commission alleged Fred Meyer violated the Pregnant Workers Fairness Act when it failed to accommodate two staff members — and later fired them. The complaint further accused the location at 11325 SE Mill Plain Blvd. of having “engaged in unlawful employment practices” for more than three years.
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EEOC claimed Samantha Pennington, identified as one of two pregnant workers in the case, had worked at the Vancouver store for about 40 hours per week from March 2022 through June 2023. Attorneys said she called out sick four days of April 2023, when she became pregnant and was vomiting and experiencing nausea.
Pennington informed a manager and assistant store leader that she was pregnant later in May, according to the lawsuit. Plaintiffs alleged the individual gave her a written warning during a June meeting for missing four days of work, though she hadn’t received a verbal warning beforehand.
Attorneys claimed Fred Meyer then reduced Pennington’s schedule from 40 hours per week to 32 hours. They also alleged that her supervisor issued her a second written warning for another four absences in July 2023, and suspended her without pay for nearly a week.
“During that meeting, Pennington explained again that her absences were due to her pregnancy-related nausea and vomiting,” EEOC wrote. “Pennington offered to provide doctor’s notes, but the [Home and Electronics Manager and Human Resources Assistant Store Leader] told her not to bother.”
The federal commission also claimed that she asked to be transferred to another position that would allow her to reach the bathroom faster, but the grocer denied her request even though there were positions available. Attorneys added that Pennington’s hours were reduced again in August to 25 hours weekly.
Later that month, the assistant store leader gave the woman her “last and final” warning for missing three shifts, according to the complaint. It alleged the manager refused to accept a doctor’s note that aimed to excuse her absence.
Plaintiffs alleged the manager again refused to consider Pennington for the store’s recent job opening that would have given her easier access to the bathroom.
The lawsuit claimed she submitted a request for leave that would have taken effect in December 2023, but she was terminated over “excessive absenteeism” the same day she submitted the request.
According to attorneys, another unnamed woman started working at the store in April 2023 and began vomiting and experiencing nausea when she became pregnant later in August. EEOC alleged she told her supervisor she was pregnant after receiving a written warning for three absences that month.
She showed documentation confirming her pregnancy in September, and requested accommodations such as frequent restroom breaks and excused absences, the lawsuit said. It claimed she received another written warning for her absences that same month and was suspended without pay for several days.
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The grocery later rejected her request to be relocated to another store that would be closer to her new home, and terminated her entirely, according to plaintiffs.
In a statement to KOIN 6, a Fred Meyer spokesperson said it does not have a comment on the case due to pending litigation.
