Landmark Victory: Appeals Court Fully Restores Pregnant Worker Protections in Texas

In a significant win for worker rights, a federal appeals court has decisively overturned a lower court's ruling that had temporarily stripped critical protections for pregnant state employees in Texas. The 5th U.S. Circuit Court of Appeals delivered a unanimous decision, dissolving an injunction that had carved out an exemption for Texas and its agencies from the Pregnant Workers Fairness Act (PWFA).

This pivotal ruling means that the comprehensive workplace accommodations mandated by the PWFA are now fully applicable to all state employees across Texas, aligning the state with federal standards designed to support pregnant individuals in the workforce.

The decision marks a substantial setback for Texas's efforts to challenge the scope and applicability of the bipartisan-backed federal law.

The controversy initially ignited when U.S. District Judge Matthew Kacsmaryk issued an injunction in February, arguing that the Equal Employment Opportunity Commission's (EEOC) interpretation of the PWFA was an overreach.

Specifically, Texas took issue with the EEOC's guidance stating that 'abortion' could be a medical condition requiring accommodation under the Act. While the PWFA itself does not mention abortion, the EEOC's interpretation became a flashpoint, with Texas alleging that the federal agency was attempting to force the state to accommodate abortions, thereby infringing on its sovereignty.

However, the three-judge panel of the 5th Circuit focused not on the merits of Texas's constitutional claims but on a fundamental legal principle: standing.

The appeals court determined that Texas lacked the necessary legal standing to bring such a pre-enforcement challenge against the PWFA itself. To demonstrate standing, Texas would have needed to show a credible threat of prosecution or enforcement under the PWFA, which the court found it failed to do.

The state could not adequately prove that the law directly harmed it or that it faced imminent enforcement action simply by the PWFA's existence.

This ruling effectively sidesteps the contentious debate over the EEOC's guidance on abortion-related accommodations. Instead, it reaffirms the legal framework that requires states to demonstrate actual harm or a direct threat to challenge federal laws, rather than merely disagreeing with an agency's interpretation.

The appeals court clarified that without demonstrating a credible threat that the EEOC would enforce its 'abortion' guidance against the state of Texas, the state lacked the basis to seek an injunction against the entire PWFA.

The Pregnant Workers Fairness Act, which took effect in June 2023, was enacted with broad bipartisan support, aiming to ensure that pregnant employees receive reasonable accommodations for conditions related to pregnancy or childbirth, unless doing so would cause an undue hardship for the employer.

This includes accommodations for things like additional bathroom breaks, modified work schedules, light duty assignments, and time off for recovery. The Act was a significant legislative achievement, intended to protect millions of workers and promote healthier, more equitable workplaces.

For pregnant state employees in Texas, this appeals court decision is a monumental relief.

It restores their right to request and receive necessary workplace adjustments without fear of reprisal, ensuring they can continue working safely throughout their pregnancies. While legal challenges to aspects of the PWFA may continue in different forms or forums, this latest ruling solidifies the Act's widespread applicability and reinforces its core purpose: safeguarding the health and economic security of pregnant workers nationwide.