The Equal Employment Opportunity Commission (EEOC) may enforce the Pregnant Workers Fairness Act (PWFA) against the state of Texas, the U.S. Court of Appeals for the Fifth Circuit ruled August 15 in Texas v. Bondi.
The PWFA requires employers to consider workplace accommodations for employees' pregnancy-related conditions. The EEOC is responsible for enforcing the statute, which was approved as part of an omnibus spending package during the COVID pandemic in 2022. At that time, the House of Representatives allowed lawmakers to vote remotely by proxy.
In 2024, the U.S. District Court for the Northern District of Texas found that the PWFA was invalid. It interpreted the Constitution's Quorum Clause to require that a majority of House members be physically present when the statute was passed. The district court enjoined the EEOC from accepting and investigating charges of PWFA violations from Texas state employees and from issuing right-to-sue letters or suing on their behalf.
On appeal, a Fifth Circuit panel reversed the district judge’s order. The Fifth Circuit ruled that the constitutional text, history, and tradition indicate that the Quorum Clause contains no physical-presence requirement.