Fifth Circuit Upholds Pregnant Workers Fairness Act Against Texas Challenge

Ogletree Deakins reports that the US Court of Appeals for the Fifth Circuit has cleared the way for continued enforcement of the Pregnant Workers Fairness Act (PWFA), rejecting Texas’s constitutional challenge to the law’s passage.

In its August 15, 2025, ruling in State of Texas v. Bondi, the appellate court reversed a district court decision that had blocked the US Equal Employment Opportunity Commission (EEOC) from applying the PWFA to Texas.

The decision confirms that the PWFA remains valid nationwide for the time being, expanding the reach of protections for workers affected by pregnancy, childbirth, and related conditions.

However, the Act is among many Biden-era regulations that the Trump administration has signaled that it intends to rescind, which may erase the accommodation requirements currently imposed on employers.

The Pregnant Workers Fairness Act was enacted in 2022 to close gaps left by existing statutes, requiring employers to provide reasonable accommodations to pregnant workers absent undue hardship, regardless of whether a condition rises to the level of disability under the ADA.

Following its enactment, the EEOC issued regulations that clarified coverage, provided examples of accommodations, and offered procedural guidance.

Texas promptly sued, arguing that the statute was invalid because it was passed in the House of Representatives under a COVID-era proxy voting rule, allegedly violating the Constitution’s Quorum Clause.

A federal district court sided with Texas, enjoining enforcement in the state while leaving the statute intact elsewhere.

On appeal, the Fifth Circuit held that the Constitution does not mandate physical presence for establishing a quorum. Relying on textual analysis, historical practice, and constitutional adaptability, the court concluded that proxy voting was a permissible procedure and did not undermine the principle of majoritarian rule.

Accordingly, the injunction was vacated, and the PWFA’s protections now extend to Texas’s public employers in addition to all covered private employers.

The ruling solidifies the PWFA’s enforceability in the short term and signals that quorum-based challenges are unlikely to succeed. Counsel should advise employers to comply with current regulations while preparing for possible shifts in enforcement policy.