NWLC Speaks Out Against Baseless Challenge to the Pregnant Workers Fairness Act by Texas Attorney General

(Washington, D.C.)  Last week, a broad range of organizations and individuals—from veterans’ groups to national security experts and Members of Congress on both sides of the aisle—submitted amicus briefs in the Fifth Circuit in support of the constitutionality of the Pregnant Workers Fairness Act in a case brought by the state of Texas, attacking the law. The Texas Attorney General has sought to strike down the Pregnant Workers Fairness Act, which Congress passed in December 2022 as part of the 2023 Consolidated Appropriations Act.

Texas argued that the entire appropriations act was unconstitutionally enacted because some Members of Congress voted for it by proxy—but the Pregnant Workers Fairness Act was the only part of the 1000+ page law that the state sought to block. In an unprecedented decision, the district court agreed and declared that the Pregnant Workers Fairness Act could not be enforced against the state of Texas, leaving pregnant workers employed by the state with no clear path to enforce their rights to workplace accommodations under the federal statute.

The case is now on appeal to the Fifth Circuit, where amici highlight the wide range of harms that would ensue if the district court’s decision were upheld, including the risks to other important legislation passed as part of the 2023 Consolidated Appropriations Act.

The following is a statement by Gaylynn Burroughs, NWLC Vice President for Education and Workplace Justice:

“It is outrageous that the state of Texas has gone to such lengths to deny pregnant workers their rights, as part of its ongoing war against pregnant people. The Pregnant Workers Fairness Act affirms the basic premise that pregnant workers should have access to simple adjustments in the workplace when they need them, like more frequent breaks, time off for medical appointments, or even a stool to sit on— so they can address the full spectrum of their health needs. In an attempt to dodge its responsibility to provide these simple accommodations to its own state employees, as required under federal law, Texas has jeopardized the entire appropriations act, which could lead to far reaching negative repercussions for our economy, national security, and democratic institutions. No pregnant worker should have to risk their job to protect their health.”

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