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Pregnancy Discrimination in Texas: Your Rights When You're Pregnant at Work

If you were fired, demoted, or denied accommodation because of your pregnancy, Texas law protects you—but only through federal standards. Pregnant workers have protections under both Texas law (TCHRA) and federal law (Pregnancy Discrimination Act and Title VII). However, Texas offers no advantages beyond what federal law already provides.

Pregnancy discrimination is a form of sex discrimination. Your employer cannot fire you, refuse to hire you, or deny you reasonable accommodation because you’re pregnant, recently gave birth, or have a related medical condition.

This guide explains what pregnancy discrimination looks like in Texas, what accommodations you’re entitled to, and how to fight back using the same federal standards that apply nationwide.

What Is Pregnancy Discrimination?

Pregnancy discrimination happens when an employer treats you worse than other employees because of your pregnancy, childbirth, or related medical conditions. This includes any negative employment action based on the fact that you’re pregnant or might become pregnant.

Under both the Texas Commission on Human Rights Act (TCHRA) and federal law (the Pregnancy Discrimination Act, part of Title VII), it’s illegal to discriminate based on:

  • Pregnancy
  • Childbirth
  • Related medical conditions (morning sickness, lactation, pregnancy complications)
  • Potential pregnancy (refusing to hire women because they might get pregnant)

Pregnancy discrimination can affect:

  • Hiring decisions (refusing to hire pregnant applicants)
  • Terminations (firing employees because they’re pregnant)
  • Demotions (removing responsibilities or reducing pay)
  • Promotions (passing over pregnant employees for advancement)
  • Job assignments (excluding pregnant workers from desirable tasks)
  • Leave policies (denying leave for pregnancy-related conditions)
  • Reasonable accommodation (refusing to provide light duty or schedule modifications)
  • Workplace harassment (creating a hostile environment through pregnancy-related comments)

Who Is Protected from Pregnancy Discrimination in Texas?

Texas law protects pregnant workers, but the protection comes from federal Pregnancy Discrimination Act standards, not broader state provisions.

Texas TCHRA protections:

  • Pregnancy, childbirth, and related medical conditions
  • Companies with 15 or more employees
  • Mirrors federal PDA standards exactly

Federal PDA protections:

  • Pregnancy, childbirth, and related medical conditions
  • Companies with 15 or more employees
  • Applies nationwide

Pregnant Workers Fairness Act (PWFA):

  • Effective June 2023, requires reasonable accommodations for pregnancy-related limitations
  • Companies with 15 or more employees
  • Provides stronger accommodation rights than PDA alone

Why This Matters: Texas TCHRA provides no additional protection beyond federal law. Unlike California (which has robust pregnancy disability leave and accommodation laws) or New York (which has paid family leave), Texas relies entirely on federal protections.

What Rights Do Pregnant Workers Have in Texas?

1. You Cannot Be Fired or Discriminated Against Because You’re Pregnant

Your employer cannot:

  • Fire you because you’re pregnant
  • Refuse to hire you because you’re pregnant or might become pregnant
  • Demote you or reduce your pay because of pregnancy
  • Pass you over for promotion because you’re pregnant
  • Assume you’re less committed or capable because of pregnancy

Example: A Dallas accounting firm doesn’t hire a qualified pregnant applicant, saying “We need someone who can commit long-term, and you’ll probably quit after having the baby.” This is pregnancy discrimination.

2. You’re Entitled to the Same Treatment as Other Temporarily Disabled Workers

If your employer provides accommodations or light duty for other temporarily disabled employees (like someone with a broken leg), they must provide the same accommodations for pregnancy-related conditions.

Example: A Houston warehouse provides light duty for workers with back injuries but refuses to provide light duty for a pregnant worker with lifting restrictions. This violates the PDA.

3. You’re Entitled to Reasonable Accommodations (Under PWFA)

The Pregnant Workers Fairness Act (effective June 2023) requires employers to provide reasonable accommodations for pregnancy-related limitations unless it causes undue hardship. Common accommodations include:

  • More frequent bathroom breaks
  • Water bottle at workstation
  • Seating or ability to sit during work
  • Light duty or modified job duties
  • Temporary reassignment to a different position
  • Modified work schedule or part-time work
  • Lifting restrictions
  • Time off for medical appointments or recovery

Example: A San Antonio retail worker requests a stool to sit during her shift due to pregnancy-related swelling. The employer refuses, saying “all sales associates must stand.” If other temporarily disabled workers receive seating accommodations, this violates the PWFA.

4. You Cannot Be Forced to Take Leave If You Can Still Work

Your employer cannot force you to take leave if you’re able and willing to work. The decision to work or take leave is yours, not your employer’s.

Example: An Austin tech company tells a pregnant software engineer she must go on leave at 7 months pregnant “for her own safety.” She’s able to work and wants to continue. Forcing her to leave violates the PDA.

5. Lactation Accommodations Are Required

Under federal law (Fair Labor Standards Act), employers must provide:

  • Reasonable break time to express breast milk
  • A private space (not a bathroom) for pumping
  • These protections apply for one year after childbirth

Texas does NOT have stronger lactation protections than federal law.

Types of Pregnancy Discrimination

Direct Discrimination

Your employer explicitly treats you differently because of your pregnancy:

  • Firing you when you announce you’re pregnant
  • Refusing to hire pregnant applicants
  • Demoting you or removing responsibilities
  • Cutting your hours or pay because of pregnancy
  • Making comments like “we can’t have you taking maternity leave right now”

Denial of Accommodation

Your employer refuses to provide reasonable accommodations for pregnancy-related limitations:

  • Refusing to allow bathroom breaks
  • Denying requests for light duty or lifting restrictions
  • Not providing seating when requested
  • Forcing you to choose between your health and your job

Pregnancy-Based Harassment

Pregnancy-related harassment creates a hostile work environment through:

  • Offensive comments about your pregnancy or body
  • Jokes about pregnancy or parenting responsibilities
  • Pressure to terminate your pregnancy
  • Invasive questions about pregnancy plans or medical details
  • Exclusion from workplace activities because you’re pregnant

Stereotyping and Assumptions

Your employer makes negative assumptions about pregnant workers:

  • Assuming you’re less committed because you’re pregnant
  • Believing you can’t handle the same workload
  • Passing you over for promotion because you’ll “be distracted by the baby”
  • Excluding you from important projects

Retaliation

Your employer punishes you for asserting your pregnancy rights:

  • Firing you after you request pregnancy accommodation
  • Giving poor performance reviews after you complain about discrimination
  • Demoting you after you take pregnancy-related leave

Real-World Examples of Pregnancy Discrimination in Texas

Example 1: Fired After Pregnancy Announcement in Dallas

Maria worked as a project manager in Dallas with excellent performance reviews. Two weeks after she told her supervisor she was pregnant, she was fired. Her supervisor said they needed someone who could “commit to the role long-term.”

Analysis: Firing someone shortly after learning they’re pregnant is direct pregnancy discrimination. The “commitment” comment reveals stereotyping about pregnant workers. Maria has a strong discrimination claim.

Example 2: Denied Light Duty in Houston Warehouse

Linda worked at a Houston distribution center. Her doctor gave her a 25-pound lifting restriction during pregnancy. The company provided light duty for workers with back injuries but refused Linda’s request, saying “pregnancy isn’t a disability.” Linda was forced to take unpaid leave.

Analysis: If an employer provides light duty for other temporarily disabled workers, they must provide it for pregnancy-related conditions. The company violated both the PDA and PWFA. Linda has strong failure-to-accommodate claims.

Example 3: Demotion After Pregnancy in San Antonio

Sarah was a sales manager at a San Antonio pharmaceutical company. When she announced her pregnancy, her boss reassigned her major accounts to male colleagues and stopped inviting her to strategy meetings. He said, “You’ll be leaving soon anyway, so we need someone more permanent in this role.”

Analysis: Demoting a pregnant employee or removing responsibilities based on assumptions about commitment is pregnancy discrimination. The supervisor’s comment is direct evidence of discriminatory intent.

Example 4: Refused Hire Because “You’ll Get Pregnant” in Austin

Jennifer, 28, interviewed for a marketing position at an Austin startup. The hiring manager said, “You’re at that age where you’ll probably start having kids. We need someone who won’t take maternity leave.” Jennifer wasn’t hired despite being the most qualified candidate.

Analysis: Refusing to hire someone because they might become pregnant violates the PDA. This affects women of childbearing age even if they’re not currently pregnant. Jennifer has a strong refusal-to-hire claim.

Example 5: Bathroom Break Denied in Fort Worth

Rosa worked at a Fort Worth call center. During pregnancy, she needed more frequent bathroom breaks. Her supervisor denied her request, saying “You get the same breaks as everyone else.” Rosa had a pregnancy-related UTI from holding it. She was written up for “unauthorized breaks.”

Analysis: Denying reasonable accommodations like additional bathroom breaks for pregnancy-related needs violates the PWFA. The discipline for taking necessary breaks adds a retaliation component.

Example 6: Forced Unpaid Leave in El Paso

Patricia worked as a teacher in El Paso. At 6 months pregnant with no complications, her principal told her she had to go on unpaid leave “for insurance reasons.” She wanted to work until shortly before her due date. The school forced her out.

Analysis: Employers cannot force pregnant employees to take leave if they’re able and willing to work. Mandatory pregnancy leave policies violate the PDA unless objectively necessary for job performance.

Example 7: Pregnancy Harassment in San Antonio

Michelle worked at a San Antonio restaurant. When she announced her pregnancy, her manager made daily comments like “Are you sure you can handle this?” and “Maybe you should just stay home with the baby.” Coworkers made jokes about her body. Michelle complained to HR multiple times. Nothing changed.

Analysis: Repeated offensive comments about pregnancy create a hostile work environment. The company’s failure to stop harassment after notice makes them liable. Michelle has harassment and possibly constructive discharge claims.

Example 8: No Seating Accommodation in Dallas Retail

Karen worked as a cashier at a Dallas department store. During pregnancy, she developed severe swelling and requested a stool to sit occasionally. Management refused, saying “It looks unprofessional for cashiers to sit.” Other stores in the chain provided seating. Karen developed serious circulation problems.

Analysis: Refusing reasonable accommodations like seating when medically necessary violates the PWFA. If providing a stool doesn’t cause undue hardship (and it rarely does), the employer must accommodate. The health consequences strengthen Karen’s claim.

Example 9: Lactation Space Denied in Houston

Lisa returned from maternity leave at a Houston office building. She requested a private room to pump breast milk. Her employer told her to use the bathroom. When she objected, they said “We don’t have space for that.”

Analysis: Federal law requires employers to provide a private space (not a bathroom) for lactation. Refusing this accommodation violates the Fair Labor Standards Act. “No space” is rarely a valid defense unless the employer can prove genuine undue hardship.

Example 10: Replaced During Maternity Leave in Austin

Amanda took 6 weeks of FMLA leave after giving birth. Her Austin tech company hired a permanent replacement during her leave and told her there was “no position available” when she returned. Her replacement was doing her exact job.

Analysis: FMLA guarantees reinstatement to the same or equivalent position after leave. Hiring a permanent replacement and refusing reinstatement violates FMLA and constitutes pregnancy discrimination.

Texas vs. California/New York: No State Advantage

Unlike worker-friendly states, Texas provides no advantages beyond federal law for pregnant workers:

Feature Texas California New York
Pregnancy Disability Leave Only FMLA (12 weeks unpaid) PDL (4 months) + CFRA (12 weeks) PFL (12 weeks paid)
Employer Size 15+ for discrimination, 50+ for FMLA 5+ for disability accommodation 4+ for discrimination
Paid Leave No state program Yes – State Disability Insurance Yes – Paid Family Leave
Accommodation Rights Federal PWFA only Robust state requirements Strong state protections
Lactation Protections Federal FLSA only Stronger state requirements Stronger state protections

Bottom line: Texas pregnant workers rely entirely on federal protections. There are no state-level advantages.

How to File a Pregnancy Discrimination Claim in Texas

1. Document Everything

Gather evidence:

  • Medical documentation of pregnancy and any restrictions
  • Emails or written communications about your pregnancy
  • Performance reviews showing good work before pregnancy announcement
  • Accommodation requests and denials
  • Witness statements from coworkers
  • Notes about discriminatory comments
  • Timeline of events

2. Request Accommodation in Writing (If Applicable)

Submit a clear written request:

  • State that you’re pregnant and need accommodation
  • Specify what accommodation you need (e.g., more frequent breaks, light duty, seating)
  • Provide medical documentation if requested
  • Keep copies of everything

3. Calculate Your Deadline

Critical deadlines:

  • 180 days to file with Texas Workforce Commission (TWC)
  • 300 days to file with Equal Employment Opportunity Commission (EEOC)

Recommendation: File with the EEOC for the longer deadline and stronger federal PWFA protections.

4. File with the EEOC (Recommended)

How to file:

  • Online at EEOC.gov
  • By phone: 1-800-669-4000
  • In person at an EEOC office (Dallas, Houston, San Antonio)

What happens:

  • EEOC reviews your complaint
  • EEOC may investigate or issue a “right to sue” notice
  • You have 90 days from receiving the right-to-sue notice to file in court

5. Consult an Employment Attorney

Pregnancy discrimination cases can be complex. An attorney can:

  • Evaluate the strength of your case
  • Determine if PWFA accommodation requirements apply
  • Navigate the EEOC/TWC process
  • Negotiate settlement
  • Represent you in court

Most employment attorneys work on contingency (they only get paid if you win).

Damages Available in Pregnancy Discrimination Cases

If you prove pregnancy discrimination, you may recover:

Economic damages:

  • Back pay (lost wages from termination to trial)
  • Front pay (future lost earnings if reinstatement isn’t possible)
  • Lost benefits (health insurance, retirement contributions)
  • Medical expenses related to denied accommodation

Compensatory damages:

  • Emotional distress
  • Mental anguish
  • Damage to reputation

Punitive damages:

  • Available when employer acted with malice or reckless indifference
  • Capped at $50K-$300K based on employer size

Other relief:

  • Reinstatement to your job
  • Provision of reasonable accommodation
  • Policy changes
  • Attorney’s fees and court costs

Frequently Asked Questions

Can my employer fire me for being pregnant in Texas?

No. Firing someone because they’re pregnant violates both TCHRA and the federal Pregnancy Discrimination Act. Pregnancy discrimination is a form of sex discrimination. If you’re fired shortly after announcing pregnancy, you likely have a strong claim.

Am I entitled to light duty during pregnancy?

Under the PWFA (effective June 2023), employers must provide reasonable accommodations including light duty unless it causes undue hardship. If your employer provides light duty for other temporarily disabled workers, they must provide it for pregnancy-related conditions under the PDA.

Does Texas have paid maternity leave?

No. Texas has no state-mandated paid maternity leave. You may be entitled to unpaid FMLA leave (12 weeks if your employer has 50+ employees and you qualify). Some employers offer paid leave voluntarily. California and New York have paid family leave programs; Texas does not.

Can my employer ask when I plan to have kids during an interview?

No. Questions about pregnancy plans or family planning during hiring are evidence of pregnancy discrimination. Employers cannot make hiring decisions based on whether someone might become pregnant.

How long do I have to file a pregnancy discrimination complaint?

You have 180 days to file with TWC or 300 days to file with the EEOC. The EEOC deadline is longer and recommended. Don’t miss the deadline—it’s strictly enforced. File as soon as possible after experiencing discrimination.

Related Topics

Take Action: Protect Your Rights as a Pregnant Worker

If you’ve experienced pregnancy discrimination:

  1. Request accommodation in writing – Create a clear paper trail
  2. Document everything – Keep medical records, emails, and notes about discrimination
  3. File with the EEOC within 300 days – Don’t miss the deadline
  4. Know your PWFA rights – Reasonable accommodation is required (effective June 2023)
  5. Consult an attorney – Get expert advice on your case

You have rights under federal law that apply in Texas. Pregnancy discrimination is illegal, and you don’t have to choose between your pregnancy and your job.

Legal Disclaimer

This article provides general information about pregnancy discrimination law in Texas and is not legal advice. Employment law cases are fact-specific, and outcomes depend on individual circumstances. For advice about your specific situation, consult a qualified Texas employment attorney. Nothing in this article creates an attorney-client relationship.

Laws and regulations change. This information is current as of the last updated date shown above. Always verify current law before taking action.

Tags: Employment Law Aid, Texas, pregnancy discrimination, PWFA, PDA, Sex Discrimination