Oregon Pregnancy Discrimination: Your Rights

Quick Answer: Oregon provides strong pregnancy protections including required accommodations and OFLA leave. Employers with 6+ employees must provide reasonable accommodations. File with BOLI within 1 year. Oregon has broader protections than federal law.

Oregon strongly protects pregnant workers.

Oregon Pregnancy Protections

State Law

Protections:

• Discrimination prohibited
• Accommodations required
• OFLA leave available
• Covers 6+ employees

Federal Law

Also protects:

• Pregnancy Discrimination Act
• PWFA (accommodations)
• FMLA leave
• 15+ employees

Oregon's Advantages

Broader because:

• Lower employer threshold
• Strong accommodation rights
• OFLA benefits
• State enforcement

Pregnancy Accommodations

Required Accommodations

May include:

• More frequent breaks
• Seating when standing normally required
• Lifting limitations
• Schedule modifications
• Temporary transfer

No Certification Required

Oregon law:

• Self-identified limitations
• No doctor's note required for many
• Interactive process

Employer Duties

Must:

• Provide reasonable accommodations
• Engage in interactive process
• Not retaliate
• Maintain benefits

Protected Activities

Cannot Discriminate Based On

Includes:

• Pregnancy
• Childbirth
• Related conditions
• Lactation
• Reproductive decisions

Specific Protections

Cannot:

• Refuse to hire
• Demote
• Reduce hours
• Terminate
• Deny promotions

Leave Rights

OFLA

Oregon Family Leave:

• 12 weeks protected leave
• 25+ employees
• Job protection
• Benefits maintained

Pregnancy Disability Leave

Additional protection:

• Up to 12 weeks
• For disability from pregnancy/childbirth
• Separate from parental leave

Paid Leave Oregon

Wage replacement:

• Up to 12 weeks paid
• 100% of low-wage earnings
• State program

Filing Claims

BOLI Complaint

State agency:

• 1-year deadline
• Investigation process
• Mediation offered
• Phone: 971-673-0761

Private Lawsuit

Court action:

• 5-year statute
• Full damages
• Jury trial available

EEOC

Federal option:

• 300 days
• Federal claims
• 15+ employees

Remedies

Oregon Law

May recover:

• Back pay
• Front pay
• Compensatory damages
• Punitive damages
• Attorney's fees

Reinstatement

May include:

• Return to position
• Restored benefits
• Seniority credited

Common Scenarios

Scenario 1: Denied Accommodation

Situation: Asked for more bathroom breaks, employer refused.

Analysis: Likely required accommodation. Document and file BOLI complaint.

Scenario 2: Fired After Announcement

Situation: Terminated shortly after announcing pregnancy.

Analysis: Strong timing evidence. Document everything and consult attorney.

Scenario 3: Hours Reduced

Situation: After pregnancy announcement, hours cut.

Analysis: May be discrimination. Compare to non-pregnant coworkers.

Lactation Rights

Oregon Law

Employers must:

• Provide break time
• Provide private space (not bathroom)
• For up to 18 months

Space Requirements

Must be:

• Private
• Not a restroom
• Reasonably close to work area
• Available when needed

Frequently Asked Questions

What employers are covered?

Oregon: 6+ employees for discrimination, 25+ for OFLA.

Do I need doctor's note for accommodations?

Often not required under Oregon law for common pregnancy-related needs.

What's the filing deadline?

BOLI: 1 year. EEOC: 300 days.

Can I be fired while pregnant?

Not because of pregnancy. Must be for legitimate, non-discriminatory reasons.

Related Topics

• Oregon Workplace Discrimination
• Oregon Family Medical Leave
• Oregon Paid Leave
• Oregon Employment Law Hub

Take Action

If facing pregnancy discrimination:

1. Document treatment changes
2. Request accommodations in writing
3. Note any adverse actions
4. File BOLI complaint within 1 year
5. Consult attorney

Legal Disclaimer

This article provides general information about pregnancy discrimination in Oregon and is not legal advice. For specific advice, consult a licensed Oregon employment attorney.

For official information:

• BOLI: https://www.oregon.gov/boli | 971-673-0761