Pregnancy Discrimination Laws in Texas: Your Rights

The Pregnancy Discrimination Act (PDA), codified at 42 U.S.C. § 2000e(k), amended Title VII of the Civil Rights Act of 1964 to explicitly protect pregnant employees and those with pregnancy-related conditions. The PDA applies to employers with 15 or more employees and prohibits discrimination in hiring, firing, pay, job assignments, promotions, layoffs, fringe benefits, and any other term or condition of employment based on pregnancy, childbirth, or related medical conditions.

Under the PDA, pregnant employees must be treated the same as other employees with similar ability or inability to work. If an employer provides accommodations to employees with temporary disabilities (such as lifting restrictions or modified schedules), the employer must provide similar accommodations to pregnant employees who request them, unless doing so causes undue hardship. Employers cannot refuse to hire, promote, or retain a qualified pregnant worker or force her to take leave based on stereotypes about pregnancy or assumptions about her commitment to work.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the PDA. Remedies available federally include back pay, front pay, reinstatement, compensatory damages for emotional distress and harm to reputation, and punitive damages in cases of intentional discrimination. Employees can recover liquidated damages equal to lost wages. Attorney's fees and costs are also recoverable.

Texas Labor Code § 5.001 incorporates Title VII and federal anti-discrimination protections into Texas state law, meaning that pregnancy discrimination claims can be brought under both state and federal law. However, Texas does not provide independent state-law protections that exceed federal PDA standards. Texas employers with 15 or more employees are covered by both federal and state law; employers with fewer than 15 employees are generally covered only by any applicable local ordinances, as neither federal Title VII nor Texas Labor Code § 5.001 applies to employers below the 15-employee threshold.

Texas law does not create a broader category of protected pregnancy-related conditions than the federal PDA, nor does it impose affirmative duties on employers to provide reasonable accommodations for pregnancy absent disability. However, if an employee's pregnancy results in a disability (such as gestational diabetes or preeclampsia), the Texas Disability Rights Act and the Americans with Disabilities Act may require reasonable accommodations.

A key distinction: Texas is an at-will employment state, meaning employers can generally terminate employees for any non-discriminatory reason or no reason. However, an employer cannot use at-will employment as a shield against pregnancy discrimination liability. If the termination is because of pregnancy or pregnancy-related conditions, it violates both federal and state law regardless of at-will status.

Texas courts have consistently applied the McDonnell Douglas burden-shifting framework for pregnancy discrimination claims, requiring the employee to establish that the employer took an adverse action because of pregnancy. Remedies under Texas law mirror federal remedies: back pay, reinstatement, compensatory damages, and attorney's fees. Texas does not impose a damages cap in employment discrimination cases, distinguishing it from some other states.

Pregnancy discrimination claims do not apply to employers with fewer than 15 employees, as neither Title VII nor Texas Labor Code § 5.001 covers small employers. Federal contractors and subcontractors are subject to Executive Order 11246, which adds affirmative obligations beyond the PDA and may provide independent grounds for relief. Bona fide occupational qualifications (BFOQs) are rarely available as a defense to pregnancy discrimination; an employer cannot argue that pregnancy makes an employee unable to perform essential job functions without individualized assessment.

Temporary leave or modified duty assignments do not constitute unlawful discrimination if applied consistently to all employees with similar temporary conditions. An employer may deny accommodation requests that cause undue hardship to operations. Additionally, if an employer has a legitimate, non-discriminatory reason for an adverse employment action (such as poor performance unrelated to pregnancy), and the employee cannot prove that pregnancy was the but-for cause of the termination, the claim will fail. However, if pregnancy was a motivating factor, the employer bears the burden of proving it would have made the same decision absent pregnancy discrimination.

Union employees are covered by the PDA and Texas law; collective bargaining agreements do not override statutory protections against pregnancy discrimination. Retaliation for filing a discrimination charge is illegal and compounds the original violation. An employee's failure to formally request accommodation does not waive her right to challenge discriminatory denial of benefits or forced leave.

Step 1 – Document Everything: From the moment you become aware of pregnancy-related discrimination, keep detailed records of all communications, including emails, text messages, performance reviews, and notes from conversations with supervisors or HR. Record the date, time, what was said, and any witnesses. Save copies of your job description, performance evaluations before and after disclosure of pregnancy, and any written policies on leave or accommodations. Photograph or scan documents. If you are terminated or demoted, save the termination letter, exit interview notes, and any severance offer. Keep records of medical appointments and pregnancy-related restrictions given by your healthcare provider.

Step 2 – Understand the Internal Complaint Process: Before filing with the EEOC, review your employee handbook for internal complaint procedures and consider submitting a written complaint to your HR department or management. Document that you made the internal complaint and how it was handled. This is not required by law, but it may be helpful later and gives the employer a chance to correct the violation. Do not assume that informal complaints or conversations count as formal complaints; put your complaint in writing. Keep a copy for yourself. If your workplace has a designated EEO officer or HR contact, direct your complaint to that person. If retaliation occurs after your internal complaint, document that as well—retaliation is a separate and independent violation.

Step 3 – File an EEOC Charge: You must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory action in Texas. Visit the EEOC website at www.eeoc.gov or contact the Houston District Office at 713-209-2700 or the Dallas District Office at 972-490-5000. You can file online through the EEOC's portal, by mail, or in person. Your charge must include your name, address, phone number, employer's name and address, a description of the discriminatory conduct, the date(s) the discrimination occurred, and names of witnesses or involved parties. Clearly state that the discrimination was based on pregnancy or pregnancy-related conditions. You do not need an attorney to file, and filing is free. Keep your charge number and receipt.

Step 4 – Understand the EEOC Investigation: After you file, the EEOC will conduct an investigation, which typically takes 60 to 90 days but can extend longer. During this time, the EEOC will contact your employer and request documents, such as employment records, communications, and business justifications for the adverse action. You may receive interrogatories or requests for additional information. The employer will have an opportunity to respond. The EEOC may conduct interviews with you, your employer, and witnesses. You have the right to participate and provide additional evidence. At the conclusion of the investigation, the EEOC will issue a determination letter stating whether it found "reasonable cause" to believe discrimination occurred. If reasonable cause is found, the EEOC may attempt conciliation. If no reasonable cause is found, you can still request a "Right to Sue" letter and file a lawsuit in federal court.

Step 5 – Consult an Attorney: Contact an employment attorney experienced in pregnancy discrimination and Title VII claims. Many employment attorneys work on contingency, meaning they charge no upfront fees and instead take a percentage of your recovery. Consult an attorney as early as possible—ideally before or immediately after filing your EEOC charge—to ensure deadlines are met and your claim is properly documented. An attorney can advise whether your case is strong, estimate potential damages, and represent you in settlement negotiations or litigation. If you cannot afford an attorney, contact your local legal aid society or the Texas Bar Association's lawyer referral service.