(August 16) Today, A Better Balance, the leading nonprofit legal advocacy organization dedicated to work-family justice, and March of Dimes, the leading nonprofit organization that works to improve the health of all moms and babies, and submitted an amicus (‘friend of the court’) brief in the matter of Texas v. Garland, a case before the United States Court of Appeals for the Fifth Circuit that will have far-reaching consequences for the health and livelihood of pregnant workers and their loved ones nationwide.
The Pregnant Workers Fairness Act (PWFA) was signed into law in December 2022 as part of the FY 2023 omnibus spending bill, and took effect in June 2023, marking a significant advancement in workplace rights and protections for pregnant workers. The PWFA guarantees workers the right to receive reasonable accommodations, like light duty, breaks, or time off for prenatal care, for pregnancy, childbirth, and related medical conditions, including lactation.
On February 27, 2024, a federal court in Texas struck down the Pregnant Workers Fairness Act as applied to Texas state government employees, baselessly claiming that its passage exceeded Congress’s constitutional authority. The Fifth Circuit will now decide whether to uphold or overturn that ruling.
Together, A Better Balance and March of Dimes make the case before the court that the Pregnant Workers Fairness Act is an essential protection for the health and wellbeing of pregnant workers and their babies, which Congress was well within its constitutional authority to enact. The law has already been an unparalleled success, benefitting mothers, babies, and families, as well as businesses and the American economy. Affirming the lower court’s decisions would have serious consequences for the pregnant and postpartum workers nationwide who are relying on the PWFA’s protections, and disproportionately impact women of color in low-wage and physically-demanding jobs.
“Without the Pregnant Workers Fairness Act, pregnant workers are routinely denied the ability to follow their doctor’s orders and faced devastating consequences for the health of their pregnancies, including preeclampsia, preterm birth, and even miscarriage,” said March of Dimes Senior Director of Federal Affairs KJ Hertz.
“We urge the court to reverse the district court decision and restore the rights of thousands of Texans to the reasonable accommodations they need to protect their health, their pregnancies, and their ability to feed their families,” said A Better Balance Vice President Elizabeth Gedmark.
Representatives from March of Dimes and A Better Balance are available for interviews.
