WA sues Seattle Schools over its treatment of pregnant and nursing employees

The Washington state attorney general’s office has filed a lawsuit against Seattle Public Schools, accusing the district of failing to provide reasonable accommodations to its pregnant and nursing employees across various schools over several years.

The suit alleges that the district failed to provide flexible restroom breaks, modified work schedules and the option to sit more frequently. 

One employee, who was eight months pregnant, was unable to sit her entire workday, according to the attorney general’s office. Other employees weren’t given privacy while expressing milk, endured painful clogged ducts and experienced infections like mastitis. 

The suit also alleges that the district violated the state’s Healthy Starts Act, which requires employers to provide reasonable accommodations to pregnant and nursing employees, and the Washington Law Against Discrimination, which prohibits discrimination based on pregnancy and related conditions.

The lawsuit, filed in King County Superior Court, aims to award restitution to all affected employees.

The state’s investigation revealed that SPS did not have a district policy on handling employee’s pregnant-accommodation requests. The district is accused of retaliating against some employees who sought accommodations, including negative performance reviews, reprimands for scheduling doctors’ appointments and removal from preferred classroom assignments.

“These employees suffered mentally, physically, and financially because of the school district’s actions,” said Attorney General Nick Brown in a news release. “The Legislature has been clear that employers must accommodate the health needs of their pregnant and nursing workers, which is why Washington has laws banning employers from doing what Seattle Public Schools did to its employees.”

Before the suit was filed, the attorney general’s office raised these concerns with the district but was unable to resolve the matter through discussions. 

Seattle Public Schools said it hasn’t been formally served a copy of the complaint, but it will carefully review and respond to the allegations once it has been. 

“SPS takes these issues seriously and remains firmly committed to a welcoming workplace that upholds the civil rights of all employees,” the district wrote in a statement Tuesday.

In 2023, then-Attorney General Bob Ferguson sued O’Reilly Auto Parts, the car parts and accessories chain, for similarly discriminating and retaliating against pregnant workers. The case is ongoing. In the lawsuit, the attorney general’s office said that women who worked for O’Reilly were forced to return to work before the end of their scheduled maternity leaves, denied breaks to pump breast milk and required to lift items above the weight limit recommended as safe by their doctors.

Under the Healthy Starts Act, Washington employers have to allow on-the-job flexibility for nursing and pregnant employees, such as more frequent or longer bathroom breaks and cap items that pregnant workers can lift at 17 pounds.