Pregnancy changes everything — including your legal rights in the workplace.
Many employees ask:
- “Can I be fired for being pregnant in Texas?”
- “Do I have a right to maternity leave?”
- “What if I need time off for complications or postpartum depression?”
- “Does my employer have to accommodate pregnancy?”
Under both federal and Texas law, pregnancy is not just a personal condition — it is a protected legal status in specific contexts.
Below is a practical breakdown of what the law actually says.
1. Federal Protection: The Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act.
Under 42 U.S.C. § 2000e(k):
“The terms ‘because of sex’ or ‘on the basis of sex’ include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions.”
This means an employer may not:
- Refuse to hire you because you are pregnant
- Fire you because you are pregnant
- Demote you due to pregnancy
- Deny promotions because of pregnancy
- Treat pregnancy-related conditions differently than other medical conditions
If an employer provides accommodations to other temporarily disabled employees, it generally must treat pregnancy similarly.
2. The Pregnant Workers Fairness Act (PWFA)
As of 2023, federal law now requires reasonable accommodations for pregnancy.
Under the Pregnant Workers Fairness Act, covered employers must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions — unless doing so would impose an undue hardship.
Examples may include:
- Additional restroom breaks
- Light duty
- Modified schedules
- Temporary lifting restrictions
- Sitting rather than standing
This law significantly strengthened protections beyond the original PDA framework.
3. Family and Medical Leave Act (FMLA)
Pregnancy also intersects with federal leave law.
Under 29 U.S.C. § 2612(a)(1):
Eligible employees may take up to 12 weeks of unpaid leave for:
- Birth of a child
- Prenatal care
- A serious health condition
- Recovery from childbirth
To qualify, the employee must:
- Work for a covered employer (generally 50+ employees)
- Have worked 12 months
- Have 1,250 hours in the preceding year
FMLA does not require paid leave — but it does provide job protection and continuation of group health benefits.
Importantly, pregnancy complications, bed rest, and certain mental health conditions may qualify as a “serious health condition.”
4. Mental Health and Pregnancy
Pregnancy-related mental health conditions — including postpartum depression and anxiety — may trigger protection under:
- FMLA (if severe enough to qualify as a serious health condition)
- The Americans with Disabilities Act (ADA), if the condition substantially limits major life activities
Under the ADA, employers must provide reasonable accommodations for qualifying disabilities.
That may include:
- Flexible scheduling
- Remote work (if feasible)
- Temporary reduced workload
- Medical leave beyond ordinary PTO
Mental health surrounding pregnancy is not legally invisible. It can be protected under multiple federal statutes.
5. Texas Law: Additional Protections
Texas mirrors federal anti-discrimination protections through the Texas Commission on Human Rights Act.
Under Texas Labor Code § 21.051:
An employer commits an unlawful employment practice if because of sex the employer discharges an individual or discriminates in any other manner.
Texas courts interpret “sex” to include pregnancy consistent with federal law.
In addition:
- Retaliation for asserting rights is prohibited.
- Employees may file claims through the Texas Workforce Commission Civil Rights Division.
Texas does not mandate paid maternity leave for private employers — but discrimination and retaliation remain unlawful.
6. At-Will Employment — With Limits
Texas is an at-will employment state.
Under Montgomery County Hospital District v. Brown, 965 S.W.2d 501 (Tex. 1998):
“Employment for an indefinite term may be terminated at will and without cause by either party.”
However:
At-will employment does not allow termination for unlawful discriminatory reasons.
An employer cannot lawfully say:
- “We need someone who won’t be out on maternity leave.”
- “You’re too much of a liability while pregnant.”
- “We’ll promote you after you’re done having children.”
At-will status does not override statutory protections.
7. What Employers May Still Do
Employers may:
- Enforce neutral attendance policies (if applied consistently)
- Require medical certification under FMLA
- Deny leave that does not qualify under statutory standards
- Modify duties if done in compliance with accommodation laws
Not every unfavorable decision equals discrimination.
But patterns matter.
Timing matters.
Documentation matters.
8. Remedies for Pregnancy Discrimination
If an employer violates pregnancy protections, potential remedies may include:
- Back pay
- Front pay
- Reinstatement
- Compensatory damages
- Emotional distress damages
- Attorney’s fees
- Injunctive relief
Both federal and Texas administrative exhaustion procedures typically apply before filing suit.
Deadlines are strict.
9. Practical Takeaways
If you are pregnant and working in Texas:
- Put accommodation requests in writing.
- Keep documentation of communications.
- Understand whether your employer is covered under FMLA and PWFA.
- Do not assume informal verbal assurances are legally binding.
- Seek legal advice early if adverse action occurs.
Pregnancy should not cost you your livelihood.
But enforcing rights often requires understanding how these statutes interact.
Final Thoughts
Pregnancy protections in Texas are primarily driven by federal law — especially Title VII, the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, the ADA, and the FMLA — with parallel protections under Texas Labor Code Chapter 21.
Texas does not require paid maternity leave in most private employment settings.
But discrimination, retaliation, and failure to accommodate may expose an employer to significant liability.
If you have questions about pregnancy-related workplace issues — or how employment law intersects with divorce, wage claims, business disputes, or contractual rights — consult qualified counsel to evaluate your specific situation.
At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.
