The PWFA Is Under Legal Attack: What Pregnant Workers Should Know Right Now
If you are pregnant and working, you may have heard alarming headlines about the Pregnant Workers Fairness Act being challenged in court. Multiple lawsuits are working through the federal court system right now. The EEOC itself is changing direction under new leadership. It is natural to feel anxious about whether your rights are safe.
Here is what you need to know: the PWFA is still the law. Your right to pregnancy accommodations has not changed. No court has struck down the statute nationwide. But the legal challenges are real, they are serious, and you should understand what is at stake. This guide breaks down each threat, explains what it could mean for you, and tells you exactly what to do right now to protect yourself.
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What Is Happening to the PWFA?
The PWFA faces three distinct threats. Each one attacks a different part of the law, and they are moving through different courts on different timelines. Understanding the difference matters because the outcomes could be very different depending on which challenge succeeds (if any).
Threat 1: Was the PWFA properly enacted?
The 5th Circuit (Texas v. EEOC) is reviewing whether the House of Representatives had a valid quorum when it passed the PWFA. If the court says no, the entire law could be struck down.
Threat 2: Did the EEOC go too far in its rule?
The 8th Circuit (State of Tennessee v. EEOC) is reviewing whether the EEOC exceeded its authority by including elective abortion in the PWFA Final Rule. This targets the rule, not the statute itself.
Threat 3: Will the EEOC weaken its own rule?
The EEOC now has a Republican majority. The new chair voted against the PWFA Final Rule when it was first adopted. The agency could voluntarily narrow the rule's scope without any court ordering it to do so.
These challenges are running on parallel tracks. The most dangerous one, the quorum clause case, could take the longest to resolve. Let's look at each one in detail.
The 5th Circuit Challenge: Did the House Have a Quorum?
This is the most existential threat to the PWFA. If it succeeds, the entire law could be wiped off the books.
The PWFA was enacted as part of the Consolidated Appropriations Act of 2023, signed into law in December 2022. When the House voted on the bill, it used proxy voting, a procedure adopted during COVID-19 that allowed members to cast votes without being physically present on the floor. Of the 431 total votes cast, 205 were cast in person and 226 were cast by proxy.
The state of Texas filed suit arguing that the Constitution requires a physical quorum (a majority of members physically present in the chamber) for the House to conduct business. Under this theory, the 205 in-person members did not constitute a quorum of the 435-member House, so the vote was invalid and the PWFA was never properly enacted.
Timeline of the case
February 2024: District court blocks PWFA
A federal district court in Texas ruled in the state's favor and blocked the PWFA from being enforced against Texas. This was a limited ruling that only applied to the state as an employer.
August 2025: Panel reverses 2-1
A three-judge panel of the 5th Circuit reversed the district court, ruling 2-1 that proxy votes counted toward the quorum and the PWFA was validly enacted.
January 14, 2026: Full court vacates for en banc review
The full 5th Circuit vacated the panel decision and agreed to rehear the case en banc (all active judges together). This is where the case stands now.
May 2026 (expected): En banc hearing
The full 5th Circuit is expected to hear oral arguments. A ruling could come months after the hearing.
Why this matters beyond the PWFA
The quorum clause argument does not only affect the PWFA. Congress used proxy voting to pass dozens of bills during the COVID era. If the 5th Circuit rules that proxy voting violated the Constitution, it could call into question every law passed with proxy votes during that period. That is one reason many legal scholars believe this case will eventually reach the Supreme Court regardless of which side wins at the 5th Circuit.
The 8th Circuit Challenge: Abortion and the EEOC Rule
This challenge targets the EEOC's implementing regulations, not the PWFA statute itself. The distinction is critical. Even if every word of the EEOC's Final Rule were struck down, the PWFA statute would remain in effect. The law is self-executing: it creates rights for pregnant workers directly, independent of whatever regulations the EEOC writes.
In State of Tennessee v. EEOC (129 F.4th 452), a coalition of 17 states is challenging the EEOC's decision to define "related medical conditions" under the PWFA to include elective abortion. The states argue that Congress never intended the PWFA to cover abortion and that the EEOC exceeded its statutory authority by including it.
In February 2025, the 8th Circuit ruled that the states have standing to bring this challenge. That means the case will proceed on the merits.
Separately, a federal judge in the Western District of Louisiana (Judge Joseph) reportedly vacated the portion of the EEOC's rule dealing with abortion accommodations in May 2025. The Catholic Benefits Association also obtained a permanent injunction preventing the EEOC from enforcing the abortion-related portions of the rule against its members.
What this challenge does NOT affect
- Your right to accommodations for morning sickness, fatigue, or nausea
- Your right to accommodations for high-risk pregnancy or bed rest
- Your right to accommodations for postpartum recovery
- Your right to schedule modifications, light duty, or extra breaks
- The PWFA's anti-forced-leave rule
- The PWFA's anti-retaliation protections
The 8th Circuit case is politically charged, but its practical impact on most pregnant workers is limited. The core accommodation rights that the vast majority of workers rely on (modified schedules, lighter duties, extra breaks, protections against forced leave) are not at issue in this litigation.
The EEOC's Political Shift
The EEOC now has a Republican majority for the first time since the PWFA was enacted. The new chair, Andrea Lucas, was one of the commissioners who voted against the PWFA Final Rule when it was adopted in April 2024. Commissioner Andrew Panuccio was confirmed in October 2025, giving the Republican appointees a 3-2 majority.
This matters because the EEOC has the power to rewrite or narrow its own regulations without waiting for a court to order it. The agency could choose to:
- Remove the abortion accommodation provision voluntarily, mooting the 8th Circuit case
- Narrow the definition of "known limitation" to require more severe conditions
- Weaken the essential function suspension provision
- Reduce enforcement activity on PWFA cases
- Issue new guidance documents that take a more restrictive view of employer obligations
There is an important limit to this power. The EEOC can change its regulations, but it cannot change the statute. The PWFA itself (42 U.S.C. § 2000gg et seq.) was passed by Congress and signed by the President. It says what it says. The core rights it creates, including the right to reasonable accommodations for known limitations related to pregnancy and the prohibition on forced leave, exist in the statute and cannot be rewritten by the agency.
The more likely near-term risk is reduced enforcement. The EEOC may bring fewer PWFA cases, settle existing cases for smaller amounts, or deprioritize pregnancy discrimination complaints. This does not change your legal rights, but it could make the agency a less aggressive ally if you file a charge.
What This Means for Pregnant Workers Right Now
Let's be direct. These lawsuits are real, and some of them could change things down the road. But right now, in March 2026, here is where things stand:
The PWFA is still enforceable in all 50 states
No court has issued a nationwide injunction against the PWFA. The district court ruling in Texas only applied to the state of Texas as an employer, and it was reversed by the panel before being taken up en banc.
Employers are still complying
There is no evidence that employers are citing these lawsuits to deny core pregnancy accommodations. Major employment law firms are advising their corporate clients to maintain full PWFA compliance.
The core rights are the safest part
The rights most workers rely on (accommodations for pregnancy symptoms, protections against forced leave, the interactive process requirement) are in the statute itself. They are not dependent on the EEOC's rule and are not targeted by the 8th Circuit case.
The real risk is the 5th Circuit quorum case
If the full 5th Circuit rules that proxy voting was unconstitutional, it could invalidate the PWFA entirely within Texas, Louisiana, and Mississippi, and it would set the stage for Supreme Court review. But even that ruling would not affect other federal circuits immediately.
The worst-case scenario, a Supreme Court ruling invalidating the PWFA, is still years away. The 5th Circuit en banc hearing has not even happened yet. Even if the court rules against the PWFA, there would be a petition for certiorari, briefing, and oral argument at the Supreme Court. That process typically takes 12 to 18 months after a circuit court decision.
Other Laws That Still Protect Pregnant Workers
The PWFA did not create pregnancy protections from scratch. It built on a foundation of existing federal and state laws. If the worst happens and the PWFA is struck down, these laws remain in full force:
| Law | What It Does | Limitation |
|---|---|---|
| Title VII / Pregnancy Discrimination Act | Prohibits discrimination based on pregnancy. Requires employers to treat pregnant workers the same as workers with similar limitations. | Uses a "comparative" standard: your employer must accommodate you only if they accommodate similar non-pregnant workers. The PWFA removed this requirement. |
| Americans with Disabilities Act | Covers pregnancy-related conditions that qualify as disabilities (gestational diabetes, preeclampsia, severe hyperemesis). | Normal pregnancy symptoms (nausea, fatigue, back pain) may not qualify as disabilities. The PWFA covers all "known limitations." |
| FMLA | Provides 12 weeks of job-protected unpaid leave for serious health conditions, including pregnancy complications. | Only covers leave, not workplace accommodations. Requires 12 months of employment and 1,250 hours. Only applies to employers with 50+ employees. |
| State pregnancy accommodation laws | Over 30 states have their own pregnancy accommodation laws, many modeled on the PWFA or predating it. | Coverage varies by state. Some are stronger than the PWFA. Others are narrower. |
The PWFA was significant because it filled the gaps in these existing laws. Before the PWFA, a pregnant worker who needed a chair to sit at work might not have an enforceable right to one unless she could show that a similarly limited non-pregnant worker was given a chair (Title VII) or that her condition rose to the level of a disability (ADA). The PWFA made the right to accommodations direct and independent. You need an accommodation? You get one. No comparators. No disability threshold.
If the PWFA were struck down, those gaps would reopen. But the underlying protections against pregnancy discrimination and the right to leave and disability accommodations would remain. You would not be left with nothing. For a detailed look at how these laws interact, see our guide on how FMLA, ADA, and PWFA work together.
What to Do Right Now
Regardless of what happens in court over the next year, there are concrete steps you can take today to protect your rights.
Request your accommodations now
If you need a pregnancy accommodation, do not wait for these cases to be resolved. That could take years. The PWFA is in effect right now, and your employer is legally required to engage in the interactive process. Put your request in writing and reference the Pregnant Workers Fairness Act by name.
Cite multiple laws in your request
When you submit your accommodation request, reference both the PWFA and the ADA. If you are in a state with its own pregnancy accommodation law, cite that too. This creates layered protection. Even if one law is struck down or narrowed, your request is still on the record under the others.
Document everything
Save copies of every accommodation request, every response from HR, and every relevant email to a personal email or cloud storage outside your employer's systems. If your employer denies or delays your request, follow up conversations with a written summary: "To confirm our conversation today, you said..."
Know your state's protections
Many states have pregnancy accommodation laws that exist independently of the PWFA. Some of these state laws are stronger than the PWFA in certain respects. Check our state law guide to see what protections apply where you work.
Do not let your employer cite these lawsuits
If your employer suggests that the PWFA is "under review" or "might not be valid" as a reason to deny your request, push back clearly. Pending litigation does not suspend the law. The PWFA is enforceable right now, and your employer's obligation to accommodate you has not changed. Put your objection in writing.
File an EEOC charge if your rights are violated
Even with a shifting political landscape at the EEOC, the agency is still accepting and processing PWFA charges. Filing a charge creates a legal record and preserves your right to sue. You have 180 days from the violation (300 days in states with a fair employment practices agency). File online at publicportal.eeoc.gov.
Frequently Asked Questions
Yes. As of March 2026, the PWFA remains a valid federal law. It has been in effect since June 27, 2023. The 5th Circuit case (Texas v. EEOC) challenges whether the law was properly enacted, but no court has struck it down nationwide. Unless and until the Supreme Court rules otherwise, the PWFA is the law of the land in all 50 states.
The state of Texas argues the PWFA was not validly enacted because the House used proxy voting when it passed the Consolidated Appropriations Act in December 2022. Of the 431 votes cast, 226 were proxy votes and only 205 members voted in person. Texas argues the Constitution requires a physical quorum (a majority of members physically present) to conduct business. The full 5th Circuit is reviewing this argument en banc, with a hearing expected in May 2026.
No. Pending litigation does not suspend or change the law. The PWFA remains enforceable, and employers are still required to provide reasonable accommodations for pregnancy-related conditions. Major law firms are advising employers to maintain full compliance. If your employer cites these lawsuits as a reason to deny accommodations, that is not a valid legal defense.
If the full 5th Circuit rules that the PWFA is invalid, the immediate effect would be limited to three states: Texas, Louisiana, and Mississippi. That ruling would almost certainly lead to Supreme Court review because it would create a conflict between circuits. A Supreme Court ruling would apply nationwide. Even if the PWFA were struck down, other federal and state laws protecting pregnant workers (Title VII, the ADA, and state pregnancy accommodation laws) would remain in place.
Not for core pregnancy accommodations. The 8th Circuit case (State of Tennessee v. EEOC) challenges the EEOC's decision to include elective abortion as a "related medical condition" under the PWFA Final Rule. Even if courts remove abortion from the EEOC's rule, the PWFA statute itself remains intact. Your right to accommodations for pregnancy, childbirth, morning sickness, preeclampsia, bed rest, and postpartum recovery is not affected by this dispute.
Multiple federal and state laws protect pregnant workers independently of the PWFA. Title VII of the Civil Rights Act (as amended by the Pregnancy Discrimination Act) prohibits pregnancy-based discrimination. The ADA covers pregnancy-related conditions that rise to the level of a disability, such as gestational diabetes or preeclampsia. The FMLA provides 12 weeks of job-protected leave. Over 30 states have their own pregnancy accommodation laws. These protections exist regardless of what happens to the PWFA.
No. Do not wait. The PWFA is in effect right now, and your employer is legally required to accommodate pregnancy-related conditions. Courts have not paused or stayed the law's enforcement. Waiting could mean working without needed accommodations for months or years while litigation plays out. Request your accommodations now, put everything in writing, and document your employer's response.
Know Your Pregnancy Rights at Work
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