Texas Business Today Header
Updates from the Office of the Commissioner Representing Employers
June 2023 Header




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Texas Employers,

Welcome to the June issue of "Texas Business Today"! The Texas economy continues to boom! In our latest labor market release, Texas broke three records in three major areas: labor force size, number employed, and job count. The labor force added more than 62,000 people in April making it 14.9 million people strong! Plus, Texas added more jobs than any other state over the year with 534,000 positions added since April 2022. These accolades are a direct result of our dedicated Texas employers, large and small, across the state! Thank you for choosing Texas as your place of business to grow, thrive, and succeed. ?

In other news, we recognized Bakery Express of Central Texas as a We Hire Ability employer for their talented group of 76 employees, including individuals with disabilities. During the ceremony, we?highlighted the work the Lewisville employer does with TWC?s vocational rehabilitation services to recruit and hire employees. The company also hosts summer work experiences for students with disabilities through the Summer Earn and Learn program. If you are a business that has 10% or more of your workforce comprised of people with disabilities, we want to recognize you! For more information, go to: [link removed]

Bakery Express We Hire Ability Presentation

As you go throughout the summer, don?t forget that Texas is a destination state with many state parks, attractions & family fun, beaches, shopping, and history! If you are looking for some Texas adventures this summer, be sure to check out Let?s Texas [ [link removed] ] and the Texas State Parks website [ [link removed] ]. Enjoy and stay safe!

Commissioner Demerson signature and headshot

Aaron Demerson
Commissioner Representing Employers
Texas Workforce Commission






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Elsa Ramos picture
Pregnancy in the Workplace

By: Elsa Ramos
Legal Counsel to Commissioner Aaron Demerson

On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) goes into effect. This is a new federal law that requires employers with at least 15 employees to provide ?reasonable accommodations? to pregnant employees unless the accommodation would cause an ?undue hardship.? According to the Equal Employment Opportunity Commission (EEOC), employers should reasonably accommodate, ?a worker?s known limitations related to pregnancy, childbirth, or related medical conditions.? For more information about the PWFA, please review the EEOC infographic below and visit:?[link removed]?



Pregnant office worker

In addition to the PWFA, other federal laws provide protection to pregnant employees. Whether employers are covered by these laws depends on their number of employees: less than 15 employees, 15 or more employees, and 50 or more employees.

*Less than 15 employees*: Employers with fewer than 15 employees are not covered by any federal anti-discrimination laws related to pregnancy or disability. Employers are free to handle these situations as they see fit.? Please note that although not required by law to provide sick or medical leave to pregnant employees, if an employer?s policy contains provisions regarding sick leave or medical leave that apply to all employees, employers should treat all employees consistently under the policy.?

*15 or more employees*: If an employer has at least 15 employees, it is covered by the Pregnancy Discrimination Act of 1978 (PDA), which amended Title VII of the Civil Rights Act of 1964: [link removed]

The PDA prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Employers are not allowed to treat pregnant employees less favorably than other employees regarding their terms and conditions of employment, including (but not limited to) hiring, firing, pay, job assignments, promotions, lay-offs, benefits, etc. For more information, please review: [link removed]



Americans with Disabilities Act

Employers with at least 15 employees are also covered by the Americans with Disabilities Act of 1990, as amended (ADA): [link removed]

The ADA prohibits discrimination against individuals with disabilities. The EEOC explains that, ?While pregnancy itself is not a disability under the ADA, some pregnant workers may have one or more impairments related to their pregnancy that qualify as a ?disability? under the ADA. An employer may have to provide that worker with a reasonable accommodation for the pregnancy related disability.?

Neither the PWFA, the PDA, nor the ADA require employers to provide a specific amount of leave related to pregnancy. However, a certain amount of leave for a medical reason related to pregnancy may be considered a reasonable accommodation depending on the circumstances.

*50 or more employees: *Employers with at least 50 employees are covered by the Family and Medical Leave Act (FMLA): [link removed]

Unlike the laws noted above, the FMLA *does* require employers to provide a minimum amount of leave to employees who meet the FMLA eligibility requirements. Covered employers must provide up to 12 weeks of job-protected leave for absences due to pregnancy, other qualifying medical conditions, or for certain specified family reasons, such as parent-baby bonding time after the birth of a baby. The US Department of Labor offers a great resource to employers wanting to learn more about the FMLA: [link removed]

For even more information about pregnancy rights in the workplace, visit our "Texas Guidebook for Employers": [link removed]



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The Pregnant Workers Fairness Act Infographic
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TWC Employer Hotline

Texas Business Today is provided to employers free of charge

Texas Business Today is a monthly update devoted to a variety of topics of interest to Texas employers. The views and analyses presented herein do not necessarily represent the policies or the endorsement of the Texas Workforce Commission. Articles containing legal analyses or opinions are intended only as a discussion and overview of the topics presented. Such articles are not intended to be comprehensive legal analyses of every aspect of the topics discussed. Due to the general nature of the discussions provided, this information may not apply in each and every fact situation and should not be acted upon without specific legal advice based on the facts in a particular case.

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Connect with the Office of the Commissioner Representing Employers

Email: [email protected]
Mail: Commissioner Representing Employers
101 E. 15th St., Rm 630
Austin, TX 78778








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