A federal district court in Texas has ruled that the Pregnant Workers Fairness Act (PWFA) was not enacted lawfully because the House of Representatives did not have a quorum when it voted on the measure in late 2022. (The House had adopted a rule change in 2020 to temporarily allow proxy voting because of the COVID-19 pandemic.) The case is Texas v. Garland, No. 23-cv-034 (N.D. Tex., February 27, 2024).
For now, the court’s order enjoining enforcement applies only to the state of Texas as an employer and does not directly affect private sector employers. The ruling could have broader implications, though, depending on the resolution of the challenge to the PWFA on appeal, if the government appeals, or in other potential cases that cite the district court’s ruling.
Congress could remove the skepticism by enacting the PWFA again, but it might change the statute in the process, especially in view of the controversy raised by the EEOC’s proposed implementing regulations.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.