Divyanshu G 
Navigating the intersection of employment law and healthcare can be daunting, especially given the current landscape of reproductive rights Texas. Although state laws have limited access to some healthcare services, federal protection is still available to protect women at the workplace. These rights are fundamental knowledge of employees who want to be secure and treated fairly, especially when compared to regions with broader protections such as New York City and evolving policies on Reproductive Rights in New York City.
The Pregnant Workers Fairness Act (PWFA)
A critical piece of legislation for expecting employees is the Pregnant Workers Fairness Act. This federal law, which is enforced by the EEOC, obligates the covered employers (with 15 or more employees) to make reasonable accommodations to a recognized limitation of a worker in terms of pregnancy, childbirth, or other medical conditions.
Addressing Workplace Discrimination
Despite these protections, workplace discrimination persists. The PWFA and Title VII prohibit employers to dismiss, demote, or refuse an applicant on the basis of the pregnancy or any other medical related cases.
- Accommodations: This involves being able to have flexible working hours, rather than stand, or not have to lift heavy things.
- Retaliation: An employer cannot punish a worker because of asking to receive such accommodations.
State vs. Federal Protections
On the one hand, Texas state legislation provides strict prohibitions on abortion; on the other hand, there are still federal employment laws that do not allow discrimination on the ground of reproductive health choice. In Texas, employees of the private sector are typically entitled to these federal protections and they cannot be punished because of medical decisions or conditions that appear as a result of pregnancy.
FAQs
1. Can I be fired for being pregnant in Texas?
No. Under the pregnancy Discrimination Act, and the PWFA, it is unlawful that the employer should fire or discriminate you based on pregnancy or the associated medical conditions.
2. Does the Pregnant Workers Fairness Act apply to all Texas employers?
It is applicable to those private employers who employ 15 employees and above. Its applicability to state government workers has been an issue of court debate in recent times and specific legal advice is therefore advisable in such a situation.
3. What counts as a “reasonable accommodation”?
Examples include extra bathroom breaks, a stool to sit on, time off for prenatal checkups, or temporary modification of work duties that are physically strenuous.
4. Where can I report pregnancy discrimination in Texas?
You can file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC) Civil Rights Division.
