In a key development for workplace accommodations law, the U.S. Court of Appeals for the Fifth Circuit has ruled that the Pregnant Workers Fairness Act (PWFA) was constitutionally enacted and may be enforced against the State of Texas. This decision overturns a previous ruling by a federal district court and affirms the federal government’s authority to ensure pregnant workers are protected under this law, even in cases involving state employers.
Background on the PWFA
The PWFA, which took effect June 27, 2023, requires covered employers (those with 15 or more employees) to provide reasonable accommodations to workers affected by pregnancy, childbirth, or related medical conditions, unless doing so would cause an undue hardship. The law is enforced by the Equal Employment Opportunity Commission (EEOC), and its protections extend to job applicants as well as current employees.
The Fifth Circuit’s decision marks a significant reaffirmation of federal employment protections. While Texas had challenged the PWFA’s applicability to state entities, the court held that Congress acted within its constitutional authority to apply the law to public employers.
What This Means for Employers
This decision affirms the enforceability of the PWFA across both public and private sectors within the Fifth Circuit (which includes Texas, Louisiana, and Mississippi) and strengthens the overall stability of the law nationwide.
Key employer obligations under the PWFA include:
- Providing reasonable accommodations such as additional breaks, schedule changes, or temporary reassignment of duties, unless doing so would impose an undue hardship.
- Engaging in the interactive process promptly when a worker requests an accommodation related to pregnancy or childbirth.
- Avoiding adverse employment actions against an employee for requesting or using an accommodation under the PWFA.
- Limiting documentation requests. Employers may only request medical documentation in certain limited situations and should avoid overly burdensome requirements.
Next Steps for Employers
Considering the Fifth Circuit’s decision, employers, especially public sector employers in the Fifth Circuit, should take the following actions to ensure compliance with the PWFA:
- Review and Update Policies: Ensure handbooks and accommodation policies reflect the requirements of the PWFA and align with EEOC regulations.
- Train HR and Supervisors: Provide training on the PWFA’s interactive process, documentation limits, and examples of reasonable accommodations.
- Assess Accommodation Requests: Ensure all requests from pregnant workers are managed in accordance with the law, with a focus on flexibility and nondiscrimination.
- Monitor State-Level Developments: Although this case specifically addressed enforcement in Texas, other challenges may arise. Continue to monitor legal developments in other jurisdictions.
