Thering McCarley

Pregnancy Discrimination 

Discrimination based on pregnancy is illegal under both the Texas Fair Employment and  Housing Act (TFEHA) and the Federal Title VII laws 

Pregnancy discrimination includes discrimination based on pregnancy, childbirth, or related medical  conditions. Even discrimination based on the "potential" for pregnancy is illegal.  For example, if a company  would not allow women to work certain jobs because if they were pregnant there could be harm to  their fetus.  Additionally, it is unlawful for an employer to ask a prospective employee whether or not  she is or intends to become pregnant. 

Accommodating Pregnancy 

Employers have a number of responsibilities to employees who become pregnant.  For Example:  If  a woman becomes pregnant and with the advice of her doctor asks for a position that is less  strenuous or hazardous, then the employer must transfer her to another position if it has one, or  can make one without being "unduly burdened". Basically, if it is not too much trouble for the  employer to accommodate the woman's needs they have to accommodate. 

Pregnancy Family Medical Leave

Title VII of the Federal Law does not explicitly require employers to grant pregnancy leave,  although it does prohibit pregnancy discrimination.  However, the Federal Law does require  employers to grant medical leaves, which are applicable to pregnant women (See separate section  on family and medical leave). 

Employers can require any employee who plans to take a pregnancy leave to give the employer  reasonable notice of the date the leave will start and how long it is expected to last. 

Employers generally cannot force a pregnant employee to go on pregnancy family medical leave. It  is there if the woman wants it.  However, if the employer can show that the woman absolutely  cannot do her job, or is "disabled" by the pregnancy, he may be allowed to make her take a leave  of absence.  This is, however, a very difficult situation for the employer, because it is likely that the  pregnancy can somehow be accommodated, which means the woman should be allowed to stay.