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The Constitutional Challenge to the Pregnant Workers Fairness Act Is A Threat to Democracy

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In February 2024, a federal court in Texas held that the PWFA had been enacted unconstitutionally, blocking its enforcement for Texas state government employees. Now, the case is before the 5th U.S. Circuit Court of Appeals, which heard oral arguments on February 25, 2025. A wide array of stakeholders submitted amicus briefs urging the 5th Circuit to overturn the district court’s decision, warning of the far-reaching consequences of an affirmative ruling. 

The following is a quote from Inimai Chettiar, President of A Better Balance: 

“This constitutional challenge to the Pregnant Workers Fairness Act from the state of Texas represents an attack on women’s ability to stay healthy and free to grow and plan their families without the devastating consequences of discrimination in the workplace. But it is also a threat to our democracy as a whole—one that has a wide array of stakeholders alarmed, from constitutional scholars to national security experts to leaders in Congress. 

We are pleased that The Department of Justice chose today to stand on the right side of the law by defending the Pregnant Workers Fairness Act, as it did in its written papers. 

The 5th Circuit’s decision should be clear: It should overturn the district court’s dangerous and legally baseless ruling, restoring and protecting these vital rights for pregnant workers in Texas and nationwide.”

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