47 Trial Lawyer • Summer 2022 even secure employment at all. After Tonya’s termination, she was fearful of not having any income after the baby was born and developed severe anxiety that interfered with her ability to sleep and care for herself. Tonya applied to several new jobs right away. After a potential employer learned Tonya was pregnant, the owner sent her an email stating, “We’d like to postpone your interview until perhaps after your baby is born. We wish you the best with your baby on the way!” Other employers simply never called her back at all after the in-person interviews. Unfortunately, Tonya was unable to secure employment before baby Oliver was born, which added significant stress and strain toTonya’s birthing and postpartum experience. Eyes to the future Trying to conceive and pregnancy are quite literally the processes by which we bring our loved ones into existence, and they present a long list of physical, mental and emotional challenges under the best circumstances. Yet, the American justice and legislative systems have generally placed a low value on protecting and supporting pregnant workers and workers trying to conceive. While there are some legal tools to address the hardships facing Sierra, Adrienne and Tonya, it is important to think through ways to increase the financial stability and social supports of those in their shoes in the future. Talia Yasmeen Guerriero is a partner at Meyer Stephenson Employment Law. Guerriero’s practice includes discrimination and retaliation employment cases, wage and hour class actions, and battling health insurance exclusions for LGBTQ communities. She contributes to OTLA Guardians at the Sustaining Member level. Her office is located at 1 SWColumbia St., Ste. 1850, Portland, OR 97204. Guerriero can be reached at talia@oregonworkplacelaw.com or 971-339-7552
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