Can I get TWC benefits after pregnancy discrimination at work? No breaks & written up for sitting
Hey everyone, I'm about 5 months pregnant and having issues at my retail job that might be discrimination? I work night shifts at a big box store and we're required to stand for the entire 8-hour shift with no official breaks (I know, probably illegal already). Sometimes I get dizzy spells due to my pregnancy, so I've been occasionally sitting for 5-10 minutes when it happens. Last week, my field manager and store director pulled me into the office and gave me a FINAL written warning for sitting down! I explained about my pregnancy dizziness, and the field manager actually had the nerve to say "Well, I was pregnant once and never got dizzy." They've removed me from the schedule until I provide a doctor's note. I'm so stressed because I can't afford to miss work, but I'm also furious about how they're treating me. Does this count as pregnancy discrimination? If they fire me or force me to quit, would I qualify for Texas unemployment benefits? I've been there for 18 months with no previous write-ups or performance issues. Thanks for any advice!
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Isabella Oliveira
Yes, this absolutely sounds like pregnancy discrimination! Under the Pregnancy Discrimination Act and possibly ADA, your employer should be providing reasonable accommodations for your condition. Occasional sitting is extremely reasonable. If they terminate you or force you to quit through this type of treatment, you would have good grounds for TWC benefits based on "good cause." Make sure to document EVERYTHING - save the write-up, get their denial in writing if possible, and keep a journal of all interactions about this issue with dates and who was present. Also, contact your doctor ASAP to get documentation of your pregnancy and that sitting occasionally is medically necessary. When you submit this to HR, send it via email so you have proof they received it.
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Malik Jackson
•Thank you for this advice! I have an OB appointment tomorrow and will definitely ask for documentation. Should I also mention the Family Medical Leave Act? I'm worried they'll just find another reason to fire me if I push back too hard.
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Ravi Patel
omg this makes me SO MAD!!! when i was pregnant my boss tried pulling similar bs and i had to threaten legal action. they CAN'T do this to you! also pretty sure its illegal to not give breaks during 8hr shifts in TX??? somebody correct me if im wrong but they're breaking multiple laws here
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Freya Andersen
•You're actually half-right. Texas doesn't have state laws requiring meal or rest breaks (surprisingly). But federal law (FLSA) does require employers to pay for short breaks (5-20 minutes) even if they don't technically require them. The pregnancy discrimination is the clearer violation here.
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Omar Zaki
get that doctors note asap and file a complaint with TWC civil rights division. my sister went thru something similar and got a determination letter saying she was eligible for benefits cuz it counted as constructive discharge when they essentially forced her to quit by not accommodating her pregnancy.
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CosmicCrusader
I'm sorry you're dealing with this! Regarding TWC benefits specifically: if they terminate you over this, you'd likely qualify under their "misconduct" standards since sitting briefly due to a pregnancy-related medical condition wouldn't constitute misconduct. If you feel forced to quit, document how the working conditions were intolerable due to their refusal to accommodate your medical needs. Either way, when filing your initial claim with TWC, be very specific about the pregnancy discrimination and unreasonable expectations. The determination letter will either approve or deny your claim - if denied initially, definitely appeal within 14 days. Have you tried calling TWC to ask about your specific situation? I know it's nearly impossible to get through their phone lines. I recently discovered a service called Claimyr (claimyr.com) that helps you skip the TWC phone queue. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. It helped me get through when I had a similar issue with my claim.
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Malik Jackson
•I didn't know you could call TWC to ask hypothetical questions before filing! That's really helpful. I'll check out that service if I need to call them - the thought of waiting on hold for hours with a dizzy spell would be miserable.
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Chloe Robinson
had this EXACT situaton at UPS last year!!!! go to ur dr, get a note for REASONABLE ACCOMODATIONS under ADA, and email it to ur HR dept. they legally have to respond. if they fire u after that its 100% discrimination and TWC will approve ur claim. make sure u use those exact words "reasonable accommodations" in writing!!
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Diego Flores
•This is good advice but just want to clarify one thing - if your company has less than 15 employees, they might not be covered under some of these federal laws. The TWC website has info about which laws apply based on company size.
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Freya Andersen
From a TWC eligibility perspective, I want to point out something important: If they terminate you and you file for unemployment, they will likely contest it claiming "misconduct" (the sitting). That's why documentation of your pregnancy condition is crucial. In your initial claim filing, be extremely specific that: 1) You have a documented medical condition (pregnancy with dizziness) 2) You requested a reasonable accommodation (brief sitting when dizzy) 3) This accommodation doesn't interfere with essential job functions 4) They refused accommodation and disciplined you instead TWC decisions in these cases often hinge on how the separation is documented. If you quit, you MUST establish that any reasonable person would have quit under these circumstances (called "good cause connected with the work"). If they fire you, the burden shifts to them to prove misconduct. One more thing - file your claim immediately after separation. Don't wait, as any delay can impact your eligibility.
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Malik Jackson
•This is so helpful, thank you! I'm hoping they'll accept my doctor's note and put me back on the schedule, but I want to be prepared if they don't. I'll follow these steps exactly if I need to file.
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Anastasia Kozlov
not to be that person but maybe they're right?? retail is a standing job, if you cant do the requirements..... also before everyone attacks me my mom worked retail through 2 pregnancies standing all day
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Ravi Patel
•ARE YOU KIDDING ME?? every pregnancy is different! i was hospitalized for mine! and the law literally requires reasonable accommodations which occasional sitting IS. this attitude is why pregnant women get discriminated against!!
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Isabella Oliveira
•While I understand your perspective, the law is actually quite clear here. Reasonable accommodations must be provided for pregnancy-related conditions unless they cause undue hardship to the business. Occasional sitting for a few minutes would rarely if ever qualify as an undue hardship in retail.
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Malik Jackson
Update: I got my doctor's note today! It specifically states I need to be allowed to sit for 5-10 minutes every couple of hours when experiencing dizziness and should have access to water throughout my shift. I'm going to email it to HR tonight. Thanks everyone for your advice - I'll update again when I hear back from them.
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Isabella Oliveira
•Perfect! Emailing it creates a documentation trail. Also request a formal reasonable accommodation meeting to discuss implementation. Keep us posted on how it goes!
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CosmicCrusader
•That's great! One additional suggestion - in your email, politely request written confirmation that they received your doctor's note and ask when you can expect to be placed back on the schedule. This creates additional documentation that could be helpful for a TWC claim if they refuse to accommodate you.
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