A Quick Start Guide to Fired While Pregnant in Texas

What Legal Protections Shield Pregnant Workers Under Federal and Texas Law?

When you work in Texas, your rights as an expectant mother are protected by an intersecting network of federal and state laws. While Texas does not offer standalone state-level pregnancy leave benefits like some other states, state and federal statutes provide strict anti-discrimination protections that prohibit adverse employment decisions based on pregnancy.

Together, these laws ensure that pregnancy cannot be used as an excuse to treat you worse than non-pregnant employees, deny you necessary work modifications, or push you out of your job.

Law / Statute	Employer Coverage Threshold	Core Protections	Accommodation Standard
Texas Commission on Human Rights Act (TCHRA)	15+ employees	Classifies pregnancy discrimination as unlawful sex discrimination; prohibits firing, demotions, and pay cuts.	Equal treatment standard: must provide same accommodations offered to other temporarily disabled workers.
Pregnancy Discrimination Act (PDA)	15+ employees	Federal law prohibiting discrimination across all terms, conditions, and privileges of employment.	Prohibits treating pregnant workers worse than other employees with similar physical restrictions.
Pregnant Workers Fairness Act (PWFA)	15+ employees	Federal affirmative mandate requiring reasonable accommodations for pregnancy and childbirth.	Affirmative duty: requires reasonable accommodations for known limitations unless the employer proves undue hardship.
PUMP for Nursing Mothers Act	Nearly all employers covered by FLSA	Protects rights of nursing mothers to pump milk during the workday for up to one year postpartum.	Requires reasonable break time and a private, non-bathroom space shielded from view.
Family and Medical Leave Act (FMLA)	50+ employees within 75 miles	Provides up to 12 weeks of unpaid, job-protected leave for childbirth and bonding.	Job restoration rights: requires reinstating the employee to the same or equivalent position upon return.

How Does the Texas Commission on Human Rights Act (TCHRA) Define Pregnancy Discrimination?

In Texas, state-level employment discrimination claims are governed by the Texas Commission on Human Rights Act, codified in LABOR CODE CHAPTER 21. EMPLOYMENT DISCRIMINATION.

Under Section 21.106 of the Texas Labor Code, discrimination because of sex explicitly includes discrimination because of or on the basis of pregnancy, childbirth, or a related medical condition. The statute mandates that women affected by pregnancy, childbirth, or related conditions must be treated the same for all employment-related purposes—including receipt of benefits under fringe benefit programs—as other individuals not so affected but similar in their ability or inability to work.

Key elements of Chapter 21 protection include:

• Broad Coverage: Applies to all Texas private employers with 15 or more employees, as well as state and local government entities, labor organizations, and employment agencies.
• Prohibited Conduct: Employers cannot refuse to hire, discharge, demote, cut the pay of, or deny training opportunities to an employee because she is pregnant.
• Retaliation Protections: Chapter 21 makes it illegal for an employer to retaliate against you because you opposed an unlawful employment practice, filed a discrimination charge, or participated in an investigation.

While the TCHRA mirrors the protections found in federal civil rights statutes, it provides Texas employees with a direct administrative mechanism to file complaints through the Texas Workforce Commission (TWC) Civil Rights Division.

How Do the Federal Pregnancy Discrimination Act (PDA) and Pregnant Workers Fairness Act (PWFA) Apply?

For decades, the primary federal tool protecting expectant mothers was the Pregnancy Discrimination Act of 1978 (PDA), an amendment to Title VII of the Civil Rights Act of 1964. Under the PDA, an employer cannot treat a pregnant worker less favorably than a non-pregnant worker who is similarly situated in their ability to perform job duties.

However, the PDA had a significant gap: if an employer did not offer light duty or modified schedules to non-pregnant workers with injuries, they often were not required to offer those accommodations to pregnant workers either.

To eliminate this gap, Congress enacted the Pregnant Workers Fairness Act (PWFA). Under the PWFA, covered employers (those with 15 or more employees) must provide reasonable accommodations for known physical or mental limitations related to:

1. Pregnancy
2. Childbirth
3. Related medical conditions (such as postpartum depression, gestational diabetes, lactation, and recovery from delivery)

Unlike the older PDA framework, the PWFA requires affirmative accommodations regardless of whether the employer accommodates non-pregnant workers. An employer can only decline an accommodation request if they can demonstrate that providing it would impose an undue hardship—meaning significant difficulty or expense relative to the employer’s resources and operations.

In addition to the PWFA, federal law includes the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The PUMP Act requires employers to provide:

• Reasonable break time for an employee to express breast milk for one year after the child’s birth each time the employee has a need to pump.
• A private space (other than a bathroom) that is shielded from view and free from intrusion by coworkers and the public.

For more in-depth analysis on how federal standards interact with Texas workplace rules, you can review this overview of Pregnancy Discrimination in Texas: Your Rights When You’re Pregnant at Work.

What Changes Are Introduced by Texas Reproductive Rights Legislation (HB 302 and SB 361)?

The Texas Legislature introduced significant bills aimed at expanding protections for pregnant employees and individuals making reproductive choices. Under 89(R) HB 302 – Introduced version – Bill Text and its companion measure 89(R) SB 361 – Introduced version, lawmakers sought to explicitly amend Chapter 21 of the Texas Labor Code.

These bills introduce two critical workplace protections:

1. Addition of “Reproductive Decisions” as a Protected Class: The legislation adds reproductive decisions directly alongside race, color, disability, religion, sex, national origin, and age. The bills define “reproductive decisions” to include the use of any drug, device, or medical service related to reproductive health, including contraception, assisted reproduction (such as IVF), pregnancy, and related medical conditions. This prevents employers from taking adverse actions against employees based on family planning, fertility treatments, or pregnancy choices.
2. Prohibition of Restrictive Arbitration Clauses: The legislation establishes that any provision in an employment contract or arbitration agreement that restricts or limits an employee’s reproductive decisions—or waives their right to challenge discrimination related to reproductive choices—is void and unenforceable as a matter of public policy.

These legislative proposals represent an ongoing effort to strengthen Texas statutory law and ensure workers cannot be disciplined, terminated, or silenced for making personal healthcare and family planning decisions.

What Workplace Accommodations and Leave Rights Do You Have in Texas?

Many pregnant workers worry that asking for modified duties or taking time off for prenatal visits will jeopardize their job security. Understanding your specific statutory rights to workplace adjustments and leave is essential to keeping yourself healthy while safeguarding your employment.

Are Texas Employers Required to Provide Reasonable Accommodations?

Yes. Under the PWFA, if you work for an employer with 15 or more employees, they are legally obligated to provide reasonable accommodations for pregnancy-related limitations unless doing so causes them undue hardship.

Common reasonable accommodations include:

• Physical Adjustments: Providing a stool or ergonomic chair to avoid standing for long shifts, or allowing an office worker to alternate between sitting and standing.
• Duty Modifications: Temporary reassignment from heavy lifting (e.g., establishing a 20-pound lifting limit), climbing ladders, or handling dangerous chemicals.
• Schedule Adjustments: Additional or longer rest breaks, flexible scheduling to attend prenatal doctor visits, or adjusting start and end times to manage morning sickness.
• Environmental Changes: Moving a workstation closer to a restroom, improving ventilation, or permitting a water bottle at the workstation.
• Uniform and Dress Code Modifications: Allowing maternity wear or comfortable supportive footwear instead of standard dress codes.

How to Request an Accommodation

To protect your rights, make your accommodation request in writing. Follow these steps:

1. Identify your specific limitation: Describe clearly what physical aspect of your job causes difficulty (e.g., “Due to my pregnancy, I am unable to lift boxes over 20 pounds”).
2. Propose a practical solution: Suggest an accommodation that enables you to continue working (e.g., “I request assistance with lifting packages exceeding 20 pounds or temporary assignment to inventory sorting”).
3. Provide medical documentation if necessary: A simple note from your OB-GYN stating your medical restrictions and expected duration is usually sufficient. Employers cannot demand exhaustive medical files for routine pregnancy accommodations.
4. Engage in the interactive process: Once requested, your employer must engage in good-faith communication to find a workable solution rather than issuing an immediate, flat refusal.

Does Texas Law Guarantee Paid Maternity Leave or FMLA Coverage?

Texas does not have a state-mandated paid family leave program. Unless your employer voluntarily offers paid maternity or parental leave through company policy, you are not guaranteed a paid leave of absence under Texas law.

However, qualifying employees are protected by the federal Family and Medical Leave Act (FMLA). The FMLA allows eligible workers to take up to 12 weeks of unpaid, job-protected leave per year for:

• Prenatal care and incapacity related to pregnancy.
• Childbirth and recovery from delivery.
• Bonding with a newborn, adopted child, or foster child within 12 months of arrival.

FMLA Eligibility Requirements

To qualify for FMLA leave, you must meet three criteria:

1. Work for a covered employer (private employers with 50 or more employees within a 75-mile radius, or any public agency/school).
2. Have worked for your employer for at least 12 months (which do not need to be consecutive).
3. Have worked at least 1,250 hours during the 12-month period immediately preceding the start of the leave.

Prohibition Against Forced Leave

An employer cannot force you to take leave—whether paid or unpaid—if you are willing and medically able to perform your essential job duties (with or without a reasonable accommodation). Pushing a pregnant employee onto leave before she wants or needs it constitutes unlawful discrimination under both the PDA and PWFA.

Do You Have to Disclose Your Pregnancy to Your Employer?

There is no legal requirement under Texas or federal law requiring you to disclose your pregnancy to your employer upon being hired or at any specific point during your gestation.

You have the legal right to decide when and how to share your news. Many employees choose to wait until after the first trimester, while others wait until they need to request physical accommodations or arrange maternity leave.

When Early Disclosure Makes Sense

While disclosure is entirely your decision, disclosing earlier may be practically beneficial if:

• Workplace Safety Risks Exist: If your job involves toxic chemicals, radiation, extreme heat, heavy machinery, or strenuous physical labor that could pose a risk to you or your pregnancy.
• You Require Immediate Accommodations: If severe morning sickness, fatigue, or lifting limitations affect your ability to perform your regular duties, you must inform your employer of your limitation to trigger legal protections under the PWFA.

Employers cannot fire you, retract a job offer, or reprimand you for not disclosing your pregnancy earlier.

What Critical Steps Should You Take If You Are Fired While Pregnant?

If your employer terminates your employment, cuts your hours to zero, or pushes you out shortly after learning of your pregnancy, you must act strategically. Employers rarely admit they are firing someone for being pregnant; instead, they often invent pretextual reasons such as “restructuring,” “poor performance,” or “attitude issues.”

Preserving evidence and following a structured timeline will give you the strongest chance of holding your employer accountable.

1. Preserve All Workplace Evidence

Immediately save and secure copies of documents before losing access to company email accounts, messaging platforms, and internal databases:

• Performance Appraisals: Past performance reviews, commendations, awards, client compliments, and bonus records proving good standing.
• Written Communications: Emails, text messages, Slack/Teams chats, and memos regarding your pregnancy announcement, accommodation requests, or schedule changes.
• Disciplinary Records: Any sudden write-ups, performance improvement plans (PIPs), or warnings issued after you disclosed your pregnancy.
• Termination Documentation: The official termination letter, severance agreement (do not sign it without legal review), and notes from the exit interview.
• Personal Journal: A detailed timeline recording dates, times, witnesses, and exact statements made by supervisors or HR personnel regarding your pregnancy.

2. Do Not Sign Away Your Legal Rights

Employers frequently offer severance packages conditioned on signing a comprehensive release of claims. If you sign a severance agreement with a liability waiver, you will forfeit your right to sue for pregnancy discrimination, back pay, and other damages.

Always have an experienced employment attorney review any severance agreement before signing or agreeing to deadlines.

How Do You Calculate and Meet Texas Filing Deadlines (TWC vs. EEOC)?

Under both Texas and federal law, you cannot file a discrimination lawsuit directly in court without first completing the mandatory administrative charge process—a requirement known as exhaustion of administrative remedies.

You have two administrative agencies available for filing a formal Charge of Discrimination:

1. Texas Workforce Commission (TWC) Civil Rights Division:
   • Deadline: 180 calendar days from the date the discriminatory act occurred (e.g., the date you were notified of termination).
   • If you miss this 180-day window, you lose your right to pursue state-law claims under the Texas Labor Code.
2. Equal Employment Opportunity Commission (EEOC):
   • Deadline: 300 calendar days from the discriminatory act in Texas (extended from the standard 180 days because Texas is a “deferral state” with its own state agency).

Because the TWC and EEOC maintain a work-sharing agreement, filing a charge with one agency and requesting dual filing will automatically file it with the other. Once the agency completes its investigation or mediation process, it will issue a Notice of Right to Sue, which grants you permission to file a civil lawsuit in state or federal court.

What Damages and Compensation Can You Recover in a Wrongful Termination Claim?

If you successfully prove that your termination was motivated by pregnancy discrimination, you may be entitled to substantial financial remedies designed to make you whole and penalize unlawful employer conduct.

Potential financial recoveries include:

• Back Pay: Compensation for lost wages, bonuses, overtime, healthcare coverage, retirement contributions, and benefits from the date of wrongful termination through settlement or judgment.
• Front Pay: Compensation for projected future earnings if reinstatement to your former position is impossible or impractical due to workplace hostility.
• Compensatory Damages: Monetary relief for emotional distress, mental anguish, stress-related physical symptoms, inconvenience, and reputational harm caused by the firing.
• Punitive Damages: Additional damages awarded if the employer acted with malice, reckless indifference, or egregious disregard for your civil rights.
• Attorneys’ Fees and Costs: Reimbursement for reasonable legal fees, court filing fees, and expert witness expenses.

Under Texas Labor Code Chapter 21 and federal Title VII, combined compensatory and punitive damages are subject to statutory caps based on the total size of the employer:

Employer Size (Number of Employees)	Combined Statutory Damage Cap
15 – 100 employees	$50,000
101 – 200 employees	$100,000
201 – 500 employees	$200,000
501+ employees	$300,000

(Note: Back pay, front pay, and attorney’s fees are not subject to these statutory caps, allowing total recoveries to significantly exceed these amounts.)

What Are the Most Common Questions About Pregnancy Discrimination in Texas?

Can My Employer Fire Me for Not Disclosing My Pregnancy During the Hiring Process?

No. Employers cannot legally refuse to hire, rescind an offer to, or terminate an employee for not disclosing a pregnancy during an interview or onboarding.

Federal and state laws strictly prohibit prospective employers from asking interview questions regarding:

• Whether you are currently pregnant or planning to become pregnant.
• Your marital status or family planning plans.
• Your childcare arrangements.

If an employer learns of your pregnancy after extending an offer and subsequently rescinds the offer or terminates your employment, that timing provides strong evidence of unlawful pregnancy discrimination.

Can My Employer Legally Cut My Hours or Force Me onto Unpaid Leave?

No. An employer cannot unilaterally reduce your hours, transfer you to a less desirable shift, demote you, or force you onto unpaid leave simply because you are pregnant.

Under the PWFA and PDA, if you are capable of performing your essential job functions—either normally or with a reasonable accommodation—your employer must allow you to continue working. Forcing an employee onto involuntary leave is treated by courts as an adverse employment action equivalent to a constructive suspension or termination.

How Long Does an Employee Have to File a Pregnancy Discrimination Complaint in Texas?

You have 180 calendar days from the date of the discriminatory action to file a charge with the Texas Workforce Commission (TWC) to preserve your state-law claims under Chapter 21 of the Texas Labor Code.

Alternatively, you have up to 300 calendar days from the incident date to file a charge with the federal Equal Employment Opportunity Commission (EEOC). Because calculating these statutory deadlines can be complex—particularly when dealing with ongoing harassment or incremental demotions—you should consult an employment lawyer as soon as possible after an adverse event.

How Can Dedicated Legal Counsel Help You Hold Employers Accountable?

Facing job loss or discrimination while expecting a child is emotionally exhausting and financially destabilizing. Corporate employers often rely on specialized defense teams and human resources personnel trained to mask discriminatory firings behind fabricated performance deficiencies or corporate restructurings.

Leveling the playing field requires legal representation that focuses exclusively on protecting workers’ rights. An experienced employee advocate will:

• Evaluate Your Claim: Determine the full scope of your state and federal protections under the TCHRA, PDA, PWFA, and FMLA.
• Secure and Uncover Evidence: Subpoena internal employer emails, comparative personnel files, and electronic communications that reveal discriminatory intent.
• Manage Administrative Filings: Draft and submit detailed charges of discrimination with the EEOC and TWC, ensuring all statutory deadlines and procedural prerequisites are strictly satisfied.
• Negotiate Aggressively: Pursue maximum financial recovery for lost wages, emotional suffering, and statutory penalties during mediation and settlement conferences.
• Litigate in Court: Take your case to state or federal court if your employer refuses to offer fair compensation for their unlawful actions.

At The Craighead Law Firm, PLLC, we devote our practice exclusively to employee-focused employment law. Led by experienced attorney Clayton Craighead, our Houston-based firm represents workers across Texas in complex wrongful termination, pregnancy discrimination, retaliation, and wage dispute claims. We know how Texas employers operate, and we are committed to holding companies accountable when they violate the civil rights of pregnant workers.

If you were fired, demoted, denied accommodations, or retaliated against because of your pregnancy, do not navigate this challenging time alone. Reach out to our legal team today to discuss your situation, explore your legal options, and fight for the justice and financial recovery you deserve.