As 5th Circuit Reopens Texas v. Bondi, Pregnant Workers’ Rights Are Once Against in Peril

On January 14th, a federal appeals court in Texas granted a petition to rehear a case that jeopardizes the rights of pregnant women and attacks the most significant federal civil rights and labor advancement from the federal government in decades. In the case, Texas v. Bondi, the Texas Attorney General challenged the constitutionality of the Pregnant Workers Fairness Act, a federal law passed in 2022 that significantly strengthened protections for pregnant women in the workplace. 

The 5th Circuit Court of Appeals has now vacated its previous order upholding the law, reopening the question of whether these pregnancy accommodations can remain the law of the land. Yesterday’s decision jeopardizes the rights of pregnant Texas state employees to reasonable accommodations in the workplace.

The following is a statement from A Better Balance President Inimai Chettiar:

“This challenge to the Pregnant Workers Fairness Act from the state of Texas attacks women’s ability to stay healthy and free to grow and plan their families. The Fifth Circuit’s decision to rehear the Texas v. Bondi case is beyond dangerous. Reopening this settled matter not only jeopardizes the bipartisan Pregnant Workers Fairness Act, which is the most significant civil rights and labor advancement by the federal government in decades. As we and several amici have warned, reopening this case also risks our national security at a precarious time as well as the very state of our democracy. Texas’s Attorney General cannot pick and choose which laws apply to them–the law was passed in a fair and constitutional manner, and pregnant workers are relying on the PWFA to protect the health of their pregnancies and continue earning their income when they need it most.”

A Better Balance led the campaign to pass the PWFA and leads litigation efforts across the country to protect the law. In our amicus brief submitted in the case, we explained the multitude of health and economic benefits of allowing pregnant women to continue working without risking the health of their pregnancies.