Workplace discrimination based on a worker's protected class, including gender or pregnancy, is federally prohibited in Texas. Unfortunately, pregnancy discrimination does occur. A federal lawsuit has been filed against AT&T Mobility by two women who allege that the company's attendance policy led to unfair discrimination against them based on pregnancy.
According to the complaint, one of the two women worked at an AT&T Mobility store in Indiana from April 2014 until July 2015. In October 2014, she became pregnant. During her pregnancy, she experienced nausea that forced her to be late or to miss work several times. The woman had accrued multiple demerits under the company's attendance policy by the time she took maternity leave to give birth. After she returned, she was fired two days later because of the absences and tardiness that happened before her leave.
The other woman worked at AT&T Mobility stores in New York from 2012 until 2017, when she transferred to a store in Las Vegas, Nevada. During her pregnancy, she suffered pregnancy-related illnesses and submitted medical documentation to her employer. After she returned from her maternity leave, she was told that she was on a final notice because of her absences from the pregnancy-related illnesses. The next month, she had to take time off for her baby's medical care and was fired.
Workplace discrimination based on pregnancy is illegal under both state and federal law for covered employers. People who believe that they were discriminated against based on their pregnancies or because of giving birth might want to talk to experienced employment law attorneys to see what recourse they might have.
Source: ABC News, "Lawsuit accuses AT&T Mobility of pregnancy discrimination", David Crary, May 14, 2018