The Pregnant Workers Fairness Act of 2023 (PWFA) is intended to fill some gaps left by the Pregnancy Discrimination Act. The PWFA requires employers to provide reasonable accommodations to pregnant workers for any known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”
But in February 2024, a Texas federal court judge blocked enforcement of the PWFA on the grounds that Congress violated a provision of the U.S. Constitution. The Equal Employment Opportunity Commission (EEOC) and Texas Workforce Commission (TWC) were barred from accepting complaints of violations of the PWFA filed by state employees thanks to this ruling.
The ruling left other employees and employers scratching their heads. Read on to learn what happened and whether you are protected by the Pregnant Workers Fairness Act.
Skip ahead:
- First off, what is the PWFA?
- So why did a Texas court block enforcement?
- State employees vs. private employee protections in Texas
First off, what is the PWFA?
The PWFA closes some loopholes and fills some gaps between the existing Pregnancy Discrimination Act and the Americans with Disabilities Act (ADA). The PWFA requires employers to provide reasonable accommodations for workers with “known limitations,” which are physical or mental conditions related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions such as limiting or avoiding certain physical tasks, for example working in the heat, lifting, bending, walking, standing, or running. This includes providing the ability to an employee to attend health care appointments for the pregnancy, childbirth, or related medical condition itself and for leave to recover from c-sections or miscarriages, or postpartum depression. It also requires employers to enter discussions with workers as to what a “reasonable accommodation” may be. A reasonable accommodation is one that does not cause the employer significant difficulty or expense.
The principal distinction between the PWFA and existing laws is that the PWFA includes all pregnancy-related conditions as well as pregnancy itself, and a worker may qualify for reasonable accommodation even if they are not otherwise disabled. The employer is required to provide accommodations if the worker cannot perform their essential job functions without these accommodations, as long as the disability is “temporary,” or the worker is expected to be able to perform the essential functions in the near future (for example, after pregnancy), or if the employee can perform the essential functions of the job with reasonable accommodations.
There are many situations in which the PWFA requires employers to make reasonable accommodations for pregnant workers. For example, employers must make reasonable accommodations for a pregnant woman who cannot stand at her job location all day because of swelling in her feet and need a chair and more frequent breaks, for a pregnant woman who has difficulty making it to work on time if she suffers from morning sickness, or for a pregnant worker who cannot lift heavy objects during her pregnancy. and leave for pregnant workers to attend necessary medical appointments. If the employer deems it not possible to give her these accommodations, then the employer still must find another alternative, such as a temporary replacement at her site.
So why did a Texas court block enforcement?
The Texas court’s ruling was based on a claim by the state of Texas that the U.S. Congress violated its own quorum rules, and thus the U.S. Constitution, when passing the PWFA into law. The state argued it would suffer irreparable harm due to excessive administrative and litigation costs by having to prove their belief in each claim.
The quorum rule got a slight makeover during the pandemic: while it’s typically required that a minimum number of lawmakers be physically present when making new laws, the pandemic created a situation where some members of Congress instead voted by proxy and weren’t physically present. In this case, the state of Texas argues that the PWFA didn’t have a quorum present physically so it would render the PWFA invalid as a law.
If you believed that women’s reproductive rights were a low priority for the Texas state government, this court ruling certainly does nothing to make you feel better. The state’s argument depends on technicality rather than the actual content of the PWFA and seems to take advantage of a time when quorums operated differently by necessity during the pandemic.
State employees vs. private employee protections in Texas
The federal court’s ruling to block enforcement of the PWFA applies only to employees of the state government of Texas. It does not affect Texas private businesses or businesses operating outside of Texas.
That means if you’re a Texas state government employee and you have a PWFA claim against your employer (the state of Texas), then federal agencies will simply respond with language stating, “They are unable to accept the charge, investigate it, or issue a right-to-sue letter.” This leaves many Texas government employees feeling forgotten and considering re-employment elsewhere.
However, the PWFA still protects pregnant employees in private businesses in Texas with more than 15 employees. Employees must request accommodations from employers, and if the employer doesn’t provide these accommodations, then the employer must demonstrate that it would be an “unreasonable hardship” to provide the requested change.
Both legislators and the EEOC still recommend that employers and employees document all discussions about accommodations. If you’re a protected employee, consider consulting an experienced pregnancy discrimination attorney before discussing accommodations and requests with your employer. If you are terminated from your employment because you need reasonable accommodations to perform your job during your pregnancy and your employer refuses to provide them or retaliates against you for making the request, Jackson Spencer Law can likely help you.
Jackson Spencer Law has spent the last decade fighting and winning cases across Texas for pregnant women, parents of newborns, and women who suffered miscarriages because the employer failed to accommodate them. Call us for a free, no-obligation consultation on your case. We’ll review your claim and let you know the best way to proceed with your case.
