Last year, A Better Balance, partners, and workers nationwide celebrated the enactment of the Pregnant Workers Fairness Act (PWFA), a landmark law that requires employers to provide reasonable accommodations for needs arising from pregnancy, childbirth, and related medical conditions. (To learn more about the PWFA, see here.) But just last week, a devastating court decision took away these hard-fought rights from Texas state government employees.
This fact sheet provides answers to common questions about the court decision and what it means for people who work for Texas’s state government. For more information about the decision and your rights, call A Better Balance’s free, confidential legal helpline at 1-833-NEED-ABB or submit an inquiry through our web contact form.
What happened?
As a result of a recent court decision, people who work for the State of Texas cannot file claims under a new federal law, the Pregnant Workers Fairness Act, which entitles most workers to reasonable accommodations for pregnancy, childbirth, and related medical conditions.
How did this happen?
On February 27, 2024, a federal court in Texas blocked the U.S. Equal Employment Opportunity Commission (EEOC), the federal government agency that enforces the Pregnant Workers Fairness Act, from accepting PWFA complaints filed by people who work for Texas’s state government. Because workers are legally required to file a complaint with the EEOC before filing in court, this decision severely limits Texas state government employees from enjoying their rights under the Pregnant Workers Fairness Act.
Does this affect my PWFA rights?
Only Texas state government employees are affected. If you work for a private employer in Texas, or if you work in any other state, your right to a reasonable accommodation for needs arising from your pregnancy, childbirth, or related medical conditions have not changed. For more information about those rights, visit our Know Your Rights Guide for Pregnant and Postpartum Workers here.
I’m a pregnant Texas state employee—do I have any other rights?
Yes, although this court decision limits your rights under the Pregnant Workers Fairness Act, you do still have rights under other laws like the Pregnancy Discrimination Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and more.
What will happen next?
The decision went into effect on March 7, 2024. The federal government has until late May to appeal the court’s decision, and so it is possible that another, higher court may undo or change this decision. A Better Balance will be tracking the case closely and advocating to make sure the Pregnant Workers Fairness Act protects as many workers as possible.
What should I do if I think my rights may be affected?
Call A Better Balance’s free, confidential legal helpline at 1-833-NEED-ABB or submit an inquiry through our web contact form.
