You tell your employer you’re pregnant — and suddenly everything changes. You get passed over for a promotion you had been tracking for months. Your hours get cut. Your manager starts micromanaging your every move. Or worse, you get let go with a vague explanation that doesn’t quite add up.
If any of that sounds familiar, you may be experiencing something that happens to Texas workers more often than most people realize: pregnancy discrimination.
The Law Is on Your Side
Two major federal laws protect pregnant employees in the workplace. The Pregnancy Discrimination Act (PDA) prohibits employers with 15 or more employees from treating a worker unfavorably because of pregnancy, childbirth, or related medical conditions. Under the PDA, your employer must treat you the same as any other employee who is similar in their ability — or inability — to work.
The Pregnant Workers Fairness Act (PWFA), which took effect in 2023, goes a step further. It requires covered employers to provide reasonable accommodations for known limitations related to pregnancy or childbirth — things like more frequent breaks, modified duties, or a temporary schedule change — unless doing so would cause the employer an undue hardship.
Texas employees may also have rights under the Texas Commission on Human Rights Act (TCHRA), which mirrors federal protections at the state level, and the Family and Medical Leave Act (FMLA), which can provide up to 12 weeks of unpaid, job-protected leave for qualifying employees.
What Pregnancy Discrimination Actually Looks Like
Pregnancy discrimination isn’t always obvious. It rarely comes with a signed memo saying “we’re demoting you because you’re pregnant.” More often, it shows up as a pattern of subtle — but consequential — changes after a pregnancy announcement:
- • Demotion or reassignment to a less desirable role without a legitimate business reason
- • Termination framed as a layoff, performance issue, or “restructuring” that seems timed to the pregnancy
- • Denial of accommodations that would have been granted to a non-pregnant employee with a comparable temporary limitation
- • Exclusion from meetings, projects, or opportunities that were previously part of your role
- • Hostile comments or pressure to resign, take leave early, or commit to not returning after delivery
The timing of adverse actions matters a great deal. When negative treatment begins shortly after an employer learns of a pregnancy, that sequence of events can be powerful evidence.
What You Should Do If You Think You’ve Been Discriminated Against
First, document everything. Keep a written record of what happened, when, and who was involved. Save any relevant emails, texts, or performance reviews. Note any comments — even ones that seemed like offhand remarks — that touched on your pregnancy or plans to take leave.
Second, be mindful of deadlines. Under federal law, you generally have 180 to 300 days from the date of the discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC). Missing this window can bar you from bringing a claim, so time is not on your side.
Third, talk to an employment attorney before you sign anything your employer puts in front of you — especially a severance agreement. These documents often include broad releases of claims that can eliminate your legal rights if signed without understanding what you’re giving up.
You Don’t Have to Navigate This Alone
Pregnancy discrimination is illegal — and you have real options. At Austin Employment Lawyers, P.C. we represent Texas employees who have been treated unfairly at work. If you believe your employer has discriminated against you because of your pregnancy, we’d like to hear your story. Contact me today to schedule a consultation and find out where you stand.
