I think I was fired because I'm pregnant in Texas

What the law says

Chapter 21 of the Texas Labor Code forbids firing someone because of sex, under section 21.051. Section 21.106(a) says a reference to sex in that chapter:

“includes discrimination because of or on the basis of pregnancy, childbirth, or a related medical condition”

So firing someone because they are pregnant, have given birth, or have a related medical condition is an unlawful employment practice under section 21.051 of the Texas Labor Code. The same section covers refusing to hire, pay, and the terms and privileges of a job.

Equal treatment goes further than firing. Section 21.106(b) of the Texas Labor Code says a woman affected by pregnancy, childbirth or a related medical condition:

“shall be treated for all purposes related to employment, including receipt of a benefit under a fringe benefit program, in the same manner as another individual not affected but similar in the individual’s ability or inability to work”

In plain words, section 21.106(b) of the Texas Labor Code compares her with someone not affected by pregnancy or childbirth who is just as able, or just as unable, to work, and requires the same treatment.

Who the law covers

The employer’s size matters. Under section 21.002(8) of the Texas Labor Code, an employer is a business with 15 or more employees on each working day in 20 or more calendar weeks of the current or previous year, or its agent. Counties, cities, state agencies and other state bodies are covered whatever their size.

Speaking up is protected too. Section 21.055 of the Texas Labor Code makes it unlawful to retaliate against someone who opposes a discriminatory practice, files a charge or complaint, or takes part in an investigation or hearing.

The deadlines

A complaint comes first. Under section 21.202 of the Texas Labor Code, it must be filed with the Texas Workforce Commission within 180 days of the unlawful act, such as the firing. The Commission must dismiss a complaint filed late. Under section 21.201, the complaint must be in writing and made under oath, and give the date, place and circumstances of what happened.

Then court. If the Commission dismisses the complaint or has not resolved it within 180 days, it must say so in writing, and the person can then ask in writing for a notice of the right to sue, under sections 21.208 and 21.252 of the Texas Labor Code. Section 21.254 allows a lawsuit within 60 days after that notice is received. Under section 21.256, no lawsuit may be brought more than 2 years after the complaint was filed.

What a court can award

A court that finds an unlawful practice can order the job back, with or without back pay, under section 21.258 of the Texas Labor Code. Back pay cannot reach further than 2 years before the complaint was filed, and earnings from other work, workers’ compensation and unemployment benefits reduce it.

For an intentional practice, section 21.2585 of the Texas Labor Code allows compensatory and punitive damages. Punitive damages, plus compensatory damages for future money losses, emotional pain, suffering, mental anguish and similar harms, are capped together for each person by the employer’s size: $50,000 with fewer than 101 employees, $100,000 with 101 to 200, $200,000 with 201 to 500, and $300,000 with more than 500. Punitive damages need malice or reckless indifference, and are not available against a government employer.

Fees. Section 21.259 of the Texas Labor Code lets a court award the winning side a reasonable attorney’s fee, which can include reasonable expert fees.

What changes the answer

The real reason for the firing. Pregnancy does not have to be the only reason. Under section 21.125 of the Texas Labor Code, an unlawful practice is shown when sex, which includes pregnancy, was a motivating factor, even if other factors also played a part. But if the employer shows it would have fired the person anyway, a court may not award damages, reinstatement or back pay, though it can still grant other relief and some fees. The page on being fired for no reason explains the general rule on firing in Texas.

The size and kind of employer. A private employer with fewer than 15 employees falls outside section 21.002(8) of the Texas Labor Code, though a county, city or state body never does.

What this page covers. It reads Chapter 21 of the Texas Labor Code, as captured on 26 September 2026. Federal law, and other Texas statutes, can also apply to pregnancy at work, and are not covered here.