In an appalling decision that took effect in March, a federal court in Texas took away the right of Texas state employees to protect women’s health, and enable them to keep their jobs, during pregnancy and while recovering from childbirth.
It is notable that while the court ruled the entire Consolidated Appropriations Act of 2023 violated the U.S. Constitution’s quorum requirements, the court chose only to block enforcement of the bipartisan Pregnant Workers Fairness Act (PWFA)—a landmark civil rights law included in the package that went into effect almost a year ago, on June 27, 2023. My organization A Better Balance launched and led the fight for over 10 years to pass this law, which finally guarantees millions of workers (including state employees) with known pregnancy-related limitations an affirmative right to reasonable accommodations so they’re no longer forced to choose between maintaining a healthy pregnancy and delivery and supporting their families.
How did the court get there? The reasoning is astonishing. In significant part, the judge found the state established an “injury” by showing it would bear the small sum of $6,600 in one-time costs for the Texas attorney general’s office to update policies and amend trainings to comply with the PWFA and a $5,200 annual cost to stay in compliance.
