Pregnancy can be a beautiful but also a challenging journey, especially if you’re working while expecting. It can be a balancing act. Between managing doctor’s appointments, battling morning sickness, and preparing for your little one’s arrival, you shouldn’t have to worry about your pregnancy rights at work. Fortunately, in the U.S. and in Texas, several laws are in place to protect pregnant employees. 

Pregnancy Discrimination is Illegal 

The Pregnancy Discrimination Act ensures that employers treat pregnancy the same as any other temporary medical condition. Texas prohibits sex discrimination which includes discrimination based on pregnancy, childbirth, and sex-related medical conditions. What this means is that employers may not treat pregnant employees differently when it comes to: 

• Hiring and Firing: Employers cannot refuse to hire you because you’re pregnant or fire you for reasons related to your pregnancy. 
• Job Assignments and Promotions: Your pregnancy cannot be a factor in denying you a promotion, assignment, or opportunity. 
• Medical Accommodations: If your workplace accommodates other employees with temporary medical conditions—like lighter duties or flexible schedules—they must offer the same to their pregnant employees. 

It’s important to note that these laws apply to companies with 15 or more employees. Smaller companies are free to handle the situation as they deem appropriate. That being said, businesses are obligated to treat their employees fairly.  

What Accommodations Can You Ask For? 

The Pregnancy Workers Fairness Act, which went into effect in 2023, requires employers to provide pregnant workers with “reasonable accommodation” unless it will cause the employer “undue hardship”. Reasonable accommodations could include: 

• A stool or chair to sit on if you stand for long periods 
• Extra bathroom breaks 
• Temporary reassignment to a less physically demanding role 
• Adjusted schedules for prenatal appointments 

Your employer can only deny accommodations if they pose an “undue hardship” on the business. That’s a legal term meaning the change would be too costly or disruptive. But let’s be real: most requests, like extra bathroom breaks, are hardly breaking the bank. 

Maternity Leave Rights 

One of the most common questions expecting parents have is: how much time can I take off? Texas doesn’t have its own state-level maternity leave law, but new and expecting moms can still benefit from federal protections like the Family and Medical Leave Act (FMLA). 

Under the FMLA, eligible employees can take up to 12 weeks of unpaid leave in a 12-month period for the birth or adoption of a child or to care for a newborn. To qualify, you need to have worked for your employer for at least 12 months (non-consecutively), clocked 1,250 hours during that time, and work for a company with 50 or more employees. 

If FMLA doesn’t apply to you, you’re not completely out of luck—it just depends on your employer. Many companies offer paid or unpaid maternity leave as part of their benefits package, so it’s worth checking your employee handbook or having a chat with HR. 

What About Breastfeeding at Work? 

Under the Fair Labors Standards Act (FLSA), employers are required to provide their employees with adequate break time and a private space (not a bathroom) to pump. 

Handling Discrimination: What to Do If Your Pregnancy Rights Are Violated 

Despite all the protective laws in place, pregnancy discrimination still exists. In practice, pregnancy discrimination can include declining to hire a qualified candidate because they are pregnant, not providing appropriate accommodations for a pregnant worker, and denying an eligible employee FMLA. 

If you have ever experienced pregnancy discrimination, there are a few things you can do: 

• Document Everything: Keep a written record of incidents, including dates, times, what was said, and any witnesses. 
• Report It Internally: File a complaint with your HR department. Most companies have procedures for addressing discrimination and retaliation. 
• File a Complaint with an Agency: If internal reporting doesn’t resolve the issue, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC) if you live in Texas. You typically have 180 days from the incident to file. 
• Consult an Attorney: If you’re unsure about your rights or how to proceed, it’s wise to consult a lawyer specializing in employment law. Carter Law Group attorneys can guide you through the process and help you build a strong case. 

Facing pregnancy discrimination can be a deeply stressful and isolating experience. But you don’t have to navigate it alone. At Carter Law Group, we focus on holding employers accountable. We’re here to help you seek justice and protect your future. Call our line any time or fill out our online questionnaire to start your case. 

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