A federal appeals court has reinstated workplace protections for pregnant Texas state employees, overturning a lower court decision that had blocked enforcement of the Pregnant Workers Fairness Act (PWFA).
In a 2-1 ruling, the Fifth Circuit Court of Appeals upheld the 2022 law, rejecting a federal judge’s determination that its passage was unconstitutional. The judge had argued the measure was invalid because a majority of House members were not physically present when it was approved as part of a year-end spending package.
The appeals court, however, found the law had been validly enacted under pandemic-era rules that permitted proxy voting to meet quorum requirements.
The PWFA, passed with bipartisan support, requires employers to provide reasonable accommodations for workers affected by pregnancy and childbirth, such as flexibility for medical appointments or relief from physically strenuous tasks.
The law was the result of a decades-long campaign by advocacy groups that argued pregnant workers—particularly those in low-wage positions—were routinely denied necessary workplace adjustments and, in many cases, pushed out of their jobs.
The Texas case, filed by Attorney General Ken Paxton, diverged from other challenges that focused narrowly on federal regulations defining abortion, fertility treatments, and birth control as protected medical needs under the act. Instead, Paxton sought to strike down the entire statute, raising broader constitutional claims.
Notably, some Republican leaders, including former Senate Majority Leader Mitch McConnell, defended the legitimacy of proxy voting, distancing themselves from Paxton’s effort.
“This is a big win for women’s rights,” said Inimai Chettiar, president of A Better Balance, a nonprofit that led advocacy for the PWFA. “The court affirmed the law was passed constitutionally, and we will continue to fight to ensure these protections remain in place.”
Texas state employees will not see immediate changes, as the ruling does not take effect for several weeks to allow time for a possible appeal. Paxton’s office did not respond to requests for comment, and it remains unclear whether he will pursue further legal action.
Meanwhile, separate legal battles continue over federal Equal Employment Opportunity Commission (EEOC) regulations that extend protections to workers seeking abortions. Conservative states and religious groups have successfully challenged those provisions. In May, a federal court struck down the abortion-related guidance in response to lawsuits from Louisiana, Mississippi, and Catholic organizations.
The Trump administration appears likely to uphold that ruling. In January, President Donald Trump dismissed two Democratic commissioners from the EEOC, enabling him to install a Republican majority. Acting Chair Andrea Lucas has signaled support for scaling back the agency’s interpretation, saying it exceeded its authority by including abortion, fertility treatments, and birth control under the PWFA.
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