LDN Health - TX Pregnant Workers

Appeals court overturns order that stripped some protections from pregnant Texas state workers

[August 19, 2025] By ALEXANDRA OLSON

NEW YORK (AP) — A federal appeals court has upheld a law strengthening the rights of pregnant workers, vacating a judge's earlier order that had stripped those protections from Texas state employees.

The ruling was a victory for advocates of the Pregnant Workers Fairness Act, a law that passed with bipartisan support in 2022 but quickly became embroiled in controversy over whether it covers workers seeking abortions and fertility treatments.

A federal judge last year blocked enforcement of the Pregnant Workers Fairness Act for Texas state employees, ruling that its passage was unconstitutional because a majority of House members were not physically present to approve the law as part of spending package in December 2022.

In a 2-1 decision, the Fifth Circuit appeals court disagreed, finding that the law was properly passed under a COVID-19 pandemic-era Congressional rule allowing members to vote by proxy to meet the quorum requirement.

The Pregnant Workers Fairness Act strengthens the rights of women to receive workplace accommodation for needs related to pregnancy and childbirth, such as time off for medical appointments and exemptions from heavy lifting. Its passage came after a decades long campaign by women's advocacy groups highlighting the struggles of pregnant workers, especially those in low-wage roles, who were routinely forced off the job after requesting accommodations.

The Texas case differed from other lawsuits that have narrowly focused on federal regulations stating that abortion, fertility treatments and birth control are medical issues requiring protection under the new law. The lawsuit, filed by Texas Attorney General Ken Paxton, instead took aim at the entirety of the Pregnant Workers Fairness Act, drawing opposition from Republican lawmakers including former Senate Majority Leader Mitch McConnell, who defended the pandemic-era proxy voting rule.

Under the Trump administration, the Department of Justice has continued to fight Paxton's lawsuit, which if successful, could help open the door to legal challenges of other pandemic-era laws passed by proxy.

[to top of second column]

A pregnant woman stands for a portrait in Dallas, May 18, 2023. (AP Photo/LM Otero, File)

Paxton's office did not reply to emails seeking comment, and it was not clear whether he would appeal Friday's ruling. The Justice Department declined to comment.

“This is a big win for women's rights. We are really happy to see that the Fifth Circuit agreed with us that the Pregnant Workers Fairness Act was passed constitutionally and will continue to fight for the PWFA to stay legal,” said Inimai Chettiar, president of a Better Balance, an advocacy group that spearheaded the campaign for passage of the law.

Texas state employees are not immediately protected, however, because the appeals court ruling doesn't become final for several weeks to give time for a possible appeal, Chettiar said.

Conservative officials and religious groups, meanwhile, have been largely successfully in challenging the regulations passed by the Equal Employment Opportunity Commission, which established that workers seeking abortions are entitled accommodations.

In May, a federal court struck down the abortion provisions of the EEOC regulations in response to lawsuits brought by states of Louisiana and Mississippi, and the U.S. Conference of Catholic Bishops, Catholic University and two Catholic dioceses.

The Trump administration is almost certain to comply with that ruling. President Donald Trump in January fired two of the EEOC’s democratic commissioners, paving the way for him to quickly establish a Republican majority at the agency. EEOC Acting Chair Andrea Lucas, a Republican, has signaled her support for revising the regulations, arguing the agency exceeded its authority by including not only abortion but fertility treatments and birth control as medical needs covered by the law.

Back to top