Texas Federal Judge Puts Brakes on Pregnant Workers Fairness Act
A federal judge in Texas placed constraints on the enforcement of the Pregnant Workers Fairness Act (PWFA) in the state on Feb. 27, citing a violation of the U.S. Constitution's quorum requirements. The PWFA was passed by Congress in late 2022, as part of the Consolidated Appropriations Act of 2023, to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” Following the filing of the lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC) released proposed regulations on Aug. 7, 2023, to implement the PWFA.
Texas took legal action against the Justice Department, the EEOC and other agencies, seeking to block the enforcement of the PWFA within the state. The state argued that the PWFA should not be enforced because it passed by a proxy vote that violated the U.S. Constitution’s Quorum Clause, which requires a physical majority of members in the House of Representatives to pass legislation. The state contended that a rule passed in 2020 during the COVID-19 pandemic which allows non-present House members to be included in the quorum count and vote by proxy was unconstitutional.
Judge James Wesley Hendrix of the U.S. District Court for the Northern District of Texas, Lubbock Division, ruled in favor of the state. Judge Hendrix found that Texas “carried its burden to show its entitlement to a permanent injunction of the [PWFA]” and enjoined the agencies, including the Justice Department and the EEOC, from enforcing the PWFA in Texas. The judge's decision is based on the conclusion “that the Quorum Clause bars the creation of a quorum by including non-present members participating by proxy.” Judge Hendrix noted that the total voting members of the House of Representatives is 435, making 218 the requisite number of members that constitutes a quorum. As a result, because only 205 votes were cast in person, less than a majority of the House voted from the floor on the Consolidated Appropriations Act of 2023.
This order goes into effect on March 5, 2024.The order has been stayed for seven days from the date of entry to allow the defendants to file an appeal.
The EEOC and other federal agencies are enjoined only from enforcing the PWFA against the State of Texas. The injunction does not extend to private employers or other governmental employers. As the legal landscape continues to evolve, employers in Texas should stay informed about developments related to the PWFA, because private employers or other governmental employers are not prevented from making the same argument the state made. The recent ruling by Judge Hendrix limiting the enforcement of the PWFA in Texas and the ongoing debates surrounding the PWFA underscore the complexity and sensitivity of issues related to pregnancy discrimination in the workplace.
Please contact Maritza Sanchez or any member of Phelps’ Labor and Employment team if you have questions or need advice or guidance.
