An employer cannot discriminate against an individual based on their intent to become pregnant

Special contributing author Laura Mueller, City Attorney for Dripping Springs

South Texas College v. Arriola, No. 12-19-00222-CV (Tex. App.—Corpus Christi  Feb, 2021).

In this appeal from a trial court’s holding that being able to become pregnant is a protected class under the Texas Commission on Human Rights Act (TCHRA), the 13th Court of Appeals affirmed the trial court’s judgment because federal case law related to Title VII has held that being able to become pregnant is a protected class under sex discrimination protections.

The plaintiff sued her employer claiming her employer discriminated against her after she stated that she was trying to become pregnant.  She alleged she was harassed and discriminated against after making this statement by her co-workers and supervisors and was terminated four months after stating she was trying to become pregnant.  Her employer alleged that intending to become pregnant is not a protected class and therefore she had no case under the TCHRA.  The trial court denied the employer’s plea to the jurisdiction related to this issue and the employer appealed.

The TCHRA prohibits sex discrimination based on “pregnancy, childbirth, or a related medical condition.”  Tex. Labor Code § 21.106(a).  The purpose of the TCHRA is to enact the policies of federal anti-discrimination laws such as Title VII of the Civil Rights Act and the Pregnancy Discrimination Act.  Due to this purpose, federal case law guides the analysis, especially in cases such as this one where the issue has not been previously decided by Texas courts. Federal cases involving the Pregnancy Discrimination Act have held that the ability or intent to become pregnant are protected classes and discrimination against these individuals is prohibited sex discrimination.  Int’l Union, United Auto., Aerospace & Agric. Implement Workers of Am. v. Johnson Controls, Inc., 499 U.S. 187, 206 (1991).  The Court of Appeals affirmed the trial court’s holding that the intent or ability to get pregnant is a protected class as guided by federal case law.

If you would like to read this opinion click here.   Panel consists of Chief Justice Contreras, and Justices Hinojosa and Silva.  Opinion by Justice Leticia Hinojosa.