The Pregnant Workers Fairness Act (PWFA) requires employers to provide female employees who — due to pregnancy, childbirth, or other related medical conditions — need a reasonable accommodation at work. Texas, almost immediately, sought a permanent injunction. To date, one issue has plagued the PWFA…how it was enacted.  

What is the overarching issue with how it was enacted?

The PWFA is attached to the Consolidated Appropriations Act of 2023 (2023 Act). The 2023 Act was approved with a majority of voting members of the U.S. House of Representatives (House) voting by proxy. It then became law after the 2023 Act was duly signed. 

How did the PWFA end up in court?

Texas took issue with how the votes were cast in the House. So, Texas took the issue to court. Texas' argument hinged on the fact that the House could only enact the 2023 Act if there was a majority of voting members present — in person. The trial court, in February 2024, agreed with Texas and issued a permanent injunction, deflating the PWFA. 

What happened after the trial court's injunction?

The U.S. government appealed the decision and, in August 2025, the U.S. Court of Appeals for the 5th Circuit issued an opinion overruling the Texas District Court's opinion. The 5th Circuit held, in Texas v. Bondi, that the House was not required to have a majority of its members in person when voting. 

How is the PWFA on “trial?”

After the 5th Circuit's August 2025 decision was handed down, a petition was filed requesting a rehearing in front of the entire 5th Circuit. The 5th Circuit granted the petition. The hearing will take place in May 2026 where attorneys for both sides will be questioned by all the active judges of the 5th Circuit. A decision is likely to happen later this year. The case, depending on how the 5th Circuit rules, could wind up before the U.S. Supreme Court — putting the PWFA at a crucial crossroads. 

What impact does this “trial” have on employers? 

The fact that the 5th Circuit is rehearing the case may very well keep the PWFA in limbo for at least this year, resulting in confusion about how employers should respond if an employee covered by the PWFA needs an accommodation. For now, employers should follow best practices when issues surrounding the PWFA accommodations arise — such as maintaining up-to-date policies, engaging in an interactive process with employees to determine if accommodations can be provided, etc.