Fifth Circuit to Rehear PWFA Challenge

On May 12, 2026, the U.S. Court of Appeals for the Fifth Circuit will rehear Texas v. Bondi. The central issue in the case is whether the Pregnant Workers Fairness Act (PWFA) enactment was constitutional. Therefore, the arguments are not on the policy merits of the PWFA, but whether Congress validly enacted challenged portions of the 2023 Consolidated Appropriations Act when the House of Representatives used proxy voting procedures during the COVID-19 pandemic and satisfied constitutional quorum requirements.

Texas originally filed the lawsuit in Feb. 2023, challenging two provisions of the omnibus spending law that Congress passed in Dec. 2022. Those provisions are the PWFA and a separate, unrelated funding provision for the Alternatives to Detention Program. Texas is not seeking to strike down the entire appropriations law; only those provisions it argues are invalid because the House allegedly lacked a quorum when it voted by proxy.

The PWFA took effect in June 2023 and is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). The PWFA requires employers with 15 or more workers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless doing so would create an undue hardship. It is similar to the Americans with Disabilities Act (ADA); however, there are key differences such as the temporary suspension of certain essential job duties.

Congress enacted the law to address gaps in prior federal protections. SHRM championed the passage of the PWFA because it provided clarity and consistency for employees and employers alike. Before the PWFA, many workers could obtain accommodations only under narrower standards in the Pregnancy Discrimination Act or the ADA. As a result, routine pregnancy-related needs often lacked clear federal protection, and HR professionals were left navigating a confusing patchwork of laws.

For now, the PWFA remains in effect for covered employers. Employers should continue complying with the law, review accommodation procedures, train managers, and ensure requests are handled promptly and consistently.