“[Congress] designed the Pregnancy Discrimination Act specifically to address the stereotype that ‘women are less desirable employees because they are liable to become pregnant’ . . . and to insure that the decision to work while pregnant ‘was reserved for each individual woman to make for herself.’”–The Court in Maldonado v. U.S. Bank, 186 F.3d 759 (7th Cir. 1999). “

What better time to stand up for your rights than when you’re bringing a new person into the world–you want your child to learn the difference between right and wrong, and you need a job and insurance to afford the baby.”–Eve Tahmincioglu, writing for MSNBC.com 

Both Federal and Texas law make it illegal for an employer (with more than 15 employees) to discriminate against a woman on the basis of pregnancy. Under Federal law, this protection for women in the workplace arises from Title VII of the Civil Rights Act of 1964, as amended. The Act states that it is unlawful for an employer to discriminate against an employee in the workplace on the basis of sex. Furthermore, the Act, as amended by the Pregnancy Discrimination Act, defines on the “basis of sex” as including “on the basis of pregnancy, childbirth, or related medical conditions.” Finally, the Act states that “women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes . . . as other persons not so affected but similar in their ability or inability to work. . . .” Under Texas law, women employees are offered almost exactly the same protections under Chapter 21 of the Texas Labor Code, Sections 21.051 and 21.106.

In addition to Title VII and the Texas Labor Code, the Family Medical Leave Act of 1993 (“FMLA“) provides that eligible employees may take up to 12 weeks of unpaid leave each year “for the birth of a son or daughter of the employee and in order to care for such son or daughter.” Unfortunately, the FMLA does not apply to all employees, but in general only to those employees that have worked for an employer for 12 months and have worked at least 1,250 hours of service for that employer. Moreover, the FMLA generally only applies to employees who work for an employer who employs 50 or more employees within 75 miles of the employee’s worksite. The FMLA makes it illegal for an employer “to interfere with, restrain, or deny the exercise of or the attempt to exercise” FMLA rights. It is illegal for an employer to terminate an eligible employee for taking FMLA leave.

Lastly, in some instances, the Americans with Disabilities Act (“ADA”), and the similar state law in the Texas Labor Code, may provide certain protections for pregnant employees. While the law in this area is still being developed and is uncertain, courts have found that the ADA may provide protection, under some circumstances, for women who experience complications from pregnancy. Generally, the ADA requires employers to reasonably accommodate the known disabilities of otherwise qualified employees unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer. An employee is qualified for protection under the ADA if she has “a physical or mental impairment that substantially limits one or more major life activities.” Where a complication from pregnancy may be found to be such an impairment, an employee may have rights under the ADA.

EXAMPLES OF PREGNANCY DISCRIMINATION AND DISCRIMINATION AGAINST WORKING MOTHER

• An employer fires you because you are pregnant.
• An employer refuses to hire you because you are pregnant or may become pregnant.
• An employer forces you to stop work because you are pregnant if you are willing and able to work.
• An employer denies you a promotion because you are pregnant or may become pregnant.
• An employer treats you differently from other disabled workers if you are pregnant.
• An employer denies you the same or similar job when you return from a pregnancy-related leave.
• A potential employer questions you about your plans to have children as a factor in their hiring decision.
• An employer refuses to promote you because you have kids and it believes you should stay home with the kids.
• An employer discriminates against you because it believes that motherhood and work are incompatible.