On August 15, 2025, the Fifth Circuit Court of Appeals reversed a Texas federal district court ruling that had declared the Pregnant Workers Fairness Act (PWFA) unconstitutional. At issue was whether the U.S. House of Representatives violated the Constitution's Quorum Clause by allowing members to vote by proxy during the COVID-19 pandemic. The lower court said yes and barred enforcement of the PWFA against Texas as an employer. The Fifth Circuit disagreed, holding that the Constitution requires only a majority for a quorum, not a physical presence. In doing so, the court vacated the injunction and confirmed that the PWFA applies in full to both private and public employers.
Why It Matters
The PWFA, effective June 27, 2023, requires employers with
15 or more employees to provide reasonable accommodations for known
limitations arising out of pregnancy, childbirth, or related
medical conditions absent undue hardship. Unlike the ADA, the PWFA
does not require employees to establish that a pregnancy-related
limitation rises to the level of a disability. This makes it easier
for workers to qualify for protection, and harder for employers to
deny accommodation requests.
What the Fifth Circuit Said
The court emphasized that the Quorum Clause's text
contains no physical-presence requirement, and that Congress has
historically used mechanisms like unanimous consent and proxy
designations to conduct business. The majority opinion stressed
that courts should not second-guess congressional procedures absent
a clear constitutional violation. A dissenting judge disagreed,
arguing the Framers intended physical presence, but that view did
not carry the day.
Compliance Implications:
PWFA Is Here to Stay: Employers nationwide, including Texas public employers, must comply with the PWFA.
EEOC Enforcement Continues: The EEOC's final regulations – detailing covered conditions, the interactive process, and accommodation examples – remain binding, except for limited carve-outs relating to abortion.
Regulatory Uncertainty Ahead: The Trump administration has signaled an intent to revisit or rescind some of the Biden-era PWFA regulations. For now, however, the existing rules govern, and enforcement actions will proceed.
Recent EEOC Activity Underscores the PWFA's Bite: In fiscal year 2024, the EEOC received thousands of charges referencing PWFA violations and initiated five PWFA lawsuits under its new law authority. Among its early enforcement actions, the EEOC secured settlements and filed multiple lawsuits, sending a clear message: the agency is ready to litigate, not just educate.
Next Steps for Employers
- Review and update accommodation policies in your employee handbooks to ensure they address pregnancy-related needs.
- Train HR and managers on how to handle requests promptly and lawfully.
- Document the interactive process and the basis for any "undue hardship" determinations.
- Stay tuned for potential regulatory shifts, but assume current rules apply until officially changed.
Bottom line: The PWFA is fully enforceable, and courts are signaling that procedural challenges will not excuse noncompliance. Proactive compliance now is the best defense against future claims.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
