The Equal Employment Opportunity Commission may enforce the Pregnant Workers Fairness Act against the state of Texas, the U.S. Court of Appeals for the Fifth Circuit ruled August 15 in Texas v. Bondi.
The PWFA requires employers to consider workplace accommodations for employees’ pregnancy-related conditions. The statute was approved during the COVID pandemic in 2022, when the House of Representatives allowed lawmakers to vote remotely by proxy.
A federal district court in Texas found that the PWFA was invalid. It interpreted the Constitution’s Quorum Clause to require that a majority of House members be physically present when the statute was passed. It enjoined the EEOC from accepting and investigating charges of PWFA violations from Texas state employees and from issuing right-to-sue letters or suing on their behalf.
On appeal, a Fifth Circuit panel reversed, ruling that the constitutional text, history, and tradition indicate that the Quorum Clause contains no physical-presence requirement.
The Center for Workplace Compliance (CWC) is our affiliated nonprofit membership association. For more information about the PWFA, register for CWC’s course on Navigating the Reasonable Accommodation Process, to be held September 16 and 17.
CWC members can read more here.