5th Circuit upholds Pregnant Workers Fairness Act

The U.S 5th Circuit Court of Appeals (whose rulings apply to employers in Texas, Louisiana, and Mississippi) recently rejected a Constitutional challenge to the Pregnant Workers Fairness Act (PWFA) by the state of Texas. Neither the Constitutional challenge nor the court’s reasons for rejecting it had anything to do with the substantive content of the law but rather concerned the way in which Congress passed the law. Nevertheless, the court’s decision serves as a good reminder to take a fresh look at the PWFA’s requirements to ensure your company is in compliance. First, however, let’s take a quick look at the court’s decision and the reasons for it.

Texas hold ‘em ends up with a losing hand

It’s been said that if you want to see how sausage is made, watch how Congress works. A great example is the Consolidated Appropriations Act of 2023, which included the PWFA among a plethora of other laws unrelated to appropriations. For reasons the Texas Attorney General will have to explain, the state of Texas took exception to the PWFA and one other unrelated law included in the appropriations bill and filed suit to block implementation not of the entire Act but only of the two provisions to which Texas objected, contending they were unconstitutional.