A young Oregon woman called me today after being fired because she was pregnant. She thought the laws against pregnancy discrimination applied only to employers of 15 or more employees. "Was that true?"
True and false, because two different laws apply: United States law and Oregon law.
Title VII is the U.S. law that prohibits discrimination in employment. Title VII applies to employers of 15 or more people. Title VII outlaws discrimination based on pregnancy, childbirth, and related medical issues.
Oregon Revised Statutes Chapter 659A prohibit discrimination in employment. Oregon's law applies to ALL employers of one or more employees. The law prohibits employment discrimination based upon "sex." ORS 659A.029 defines "sex" to include pregnancy, childbirth, and related conditions. It requires that employers treat a pregnant woman like any other employee.
So, to answer the caller's question: the coffee shop where she worked broke Oregon's law against discrimination when it fired her because she was pregnant.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
