Are employers prohibited from discriminating against employees who are pregnant?
Yes, employers in Texas are prohibited from discriminating against employees who are pregnant. This protection is granted under Title VII of the federal Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). It is illegal for employers to discriminate against a pregnant woman in any aspect of employment, including hiring, firing, promotions, pay, job assignments, fringe benefits, layoff, or training. Additionally, employers in Texas must provide reasonable accommodations for pregnancy, childbirth, and related medical conditions, such as additional bathroom breaks and light duty work assignments, if needed. Employers cannot use pregnancy or related conditions as a negative factor in making hiring or other employment decisions, such as refusing to hire someone because she is pregnant or with child. Moreover, employers must treat pregnant employees the same as they would any other temporarily disabled employee. That means they must provide them with the same job security, pay, and other workplace benefits as any other employee who is temporarily disabled. Finally, employers in Texas cannot force pregnant employees to take leave before they are ready or deny them the right to return to work after their condition has been resolved. The Texas Workforce Commission enforces the laws prohibiting pregnancy discrimination. If an employee believes they have been the victim of unlawful discrimination, they can seek legal advice and file a complaint with the EEOC.
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