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.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Cameron Hansen Cameron Hansen
  1. What do you like most about being an employment lawyer?

I chose to practice law representing employees because I feel that my work makes a tangible difference in the lives of my clients and their loved ones. When clients come to me, they

  1. What do you like most about being an employment lawyer?

I chose to practice law representing employees because I feel that my work makes a tangible difference in the lives of my clients and their loved ones. When clients come to me, they are often in a situation they had never imaged they would face, with uncertain financial and professional futures as well as broken trust and respect. It gives me great fulfillment to lend a helping hand to those individuals and empower them to move on to the next stage of their working life with dignity and reassurance.

2. What is the most important issue to you of being an advocate?

The most significant aspect of advocating for my clients, to me, is listening. I was not present for the events that lead my client to seek me out, nor can I tell them exactly what would be the best outcome going forward for them, personally. For that reason, every aspect of representation for me begins with listening to my clients experiences, concerns, and goals so that I can make the best case for the outcome that would help them most.

  1. What would you say to HR of a company about how to treat employees?

If I was speaking to an HR professional, I would tell them that the most important characteristic when working with employees is cooperation. If an employee can work in a stable and supportive working environment, not only will they be personally fulfilled, but will be better able to perform their work for the Company. Everyone wins!

4. What is your favorite food?

My favorite food is a Döner Kebab, which is similar to a Greek Gyro with a Turkish/German influence.

5. What’s the best part of living in (current city)?

The best part of living in Austin is the vibrant mix of people, cultures, and activities. Not only is it an urban city with live music and shows, but it is also a southern city with great bbq and line dancing, and easy access to hikes, swims and camping.

6. Why did you start practicing labor and employment law?

Having grown up going to school on a U.S. Air Force Base in Germany, I was lucky enough to exposed to a vasty different employment environment from that in the States. There, I often spoke with my neighbor, the equivalent of a union representative at the local Audi factor, about his representation of line-workers to Audi’s management. Over time, I gained a perspective which values cooperation, accountability and respect in the work place that not only encourages employees more sustainable work, but a more powerful workplace generally. Through my work on behalf of employees now, I hope to foster that attitude toward employers’ relationships with their workers in America as well.

7.     What do you do when you’re not practicing law?

When I’m not practicing law, I enjoy being outdoors! I spend a lot of time at dog parks and trails with my Pitbull-mix, Dewey. I also play on several recreational soccer teams and enjoy biking around Austin’s trails. When the weather is right, I also enjoy camping, hiking and swimming.

8.     What’s your favorite legal movie

A Few Good Men

9.     Who’s your favorite judge?

My favorite Judge is the one that reads all the briefs and keeps an open mind!