August 15, 2025
5th Circuit Issues Good News for Pregnant Employees in Texas
Last year the state of Texas challenged the Pregnant Workers Fairness Act (PWFA), alleging the Congressional vote was unconstitutional. The court agreed writing, “[B]y including members who were indisputably absent in the quorum count, the Act at issue passed in violation of the Constitution’s Quorum Clause.” In short, the argument was that the Quorum Clause required that a majority of Congressional members be physically present on the House floor at the time of the vote, rather than voting remotely as was the case with passage of the PWFA during the COVID-19 pandemic.
On August 15, 2025, the 5th U.S. Circuit Court of Appeals disagreed and held, “After reading the text, analyzing binding and persuasive authority, and reviewing our Nation’s history and tradition, we conclude that the Quorum Clause does not require physical presence. Accordingly, we REVERSE the judgment of the district court and VACATE the district court’s permanent injunction.”
So, if you employ 15 or more employees and you have an employee working in Texas, ensure you provide all the employment protections, non-discrimination and reasonable accommodation, to an employee working in Texas who is pregnant, trying to become pregnant, or recently was pregnant – the same as for your employees working in other states across the nation. If you need a PWFA refresher, click here for more information.
