TYLA Project

Pregnancy and the Workplace: Know Your Rights
By:  Courtney Barksdale Perez

The Texas Young Lawyers Association has published companion resources to help employees and employers understand their rights and obligations as it relates to pregnancy in the workplace.  While protections for pregnant workers generally vary from state to state, there are several federal laws that prohibit workplace discrimination against pregnant employees and obligate employers to accommodate certain medical conditions arising from pregnancy.  

Each guide provides a basic overview of the federal laws that impact pregnant workers, including the Pregnancy Discrimination Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and the Affordable Care Act. The guide also discusses family leave rights as it relates to paternity leave.

“Pregnancy and the Workplace: Know Your Rights” is a guide for employees.  It is designed to help pregnant employees understand their workplace rights from the hiring phase through their return to work after pregnancy and also provides guidance for employees who suspect that their rights may have been violated by an employer or prospective employer. “Pregnancy and the Workplace: Know Your Obligations” is a guide for employers. It focuses on employers’ legal obligations toward pregnant and lactating workers and also provides best practices for employers seeking to minimize the risk of liability for violating pregnant workers’ rights.  

TYLA has also published a video resource called “Pregnancy in the Workplace” as part of its Ten Minute Mentor series aimed at providing guidance to attorneys who may be pregnant. The video addresses issues such as how to inform your employer that you are expecting, how to transition your caseload before taking leave after the birth of a child, and managing your caseload once you return. All of these resources are now available for download on the TYLA website.

Courtney Barksdale Perez is a partner at Carter Scholer Arnett Hamada & Mockler in Dallas, Texas.