Pregnant women standing in a row indoors.

Fifth Circuit Upholds Enforcement of the Pregnant Workers Fairness Act in Texas

08/18/2025 | The Mundaca Law Firm |

Significant Decision

On August 15, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a significant decision in State of Texas v. United States (No. 24-10386), reversing a district court ruling that had blocked enforcement of the Pregnant Workers Fairness Act (PWFA) in Texas .

Background of the Case

The PWFA, enacted as part of the Consolidated Appropriations Act of 2023, requires covered employers to provide reasonable accommodations for pregnant workers. Texas challenged the law on the grounds that it was enacted unconstitutionally, arguing that the Quorum Clause of the U.S. Constitution requires a majority of House Members to be physically present when legislation is passed.

A district court agreed with Texas and enjoined enforcement of the PWFA within the state. However, on appeal, the Fifth Circuit vacated that injunction, holding that the Constitution does not impose a strict physical presence requirement. Instead, the Court concluded that Congress acted within its authority when it allowed remote and proxy voting during the COVID-19 pandemic .

Key Takeaways from the Decision

  1. The PWFA Stands in Texas – Employers in Texas remain fully subject to the PWFA, which means they must engage in an interactive process and provide reasonable accommodations to pregnant employees unless doing so would create undue hardship.
  2. Constitutional Interpretation of Quorum – The Fifth Circuit rejected Texas’ narrow reading of the Quorum Clause, finding that neither the text nor history mandates physical presence. This ruling affirms Congress’s flexibility to adapt its procedures in emergencies.
  3. Impact on Employers and Employees – The decision provides clarity and stability. Employers must continue compliance efforts, and employees can rely on the protections Congress enacted.

What This Means for Texas Employers

The PWFA is now enforceable across Texas. Employers must:

  • Review and update accommodation policies.
  • Train managers and HR personnel on compliance obligations.
  • Ensure prompt and good faith engagement in the accommodation process.

Non-compliance risks exposure to EEOC charges and potential litigation.