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What Does a Texas Judge's Injunction of Enforcement of the PWFA Mean?

Most of you have heard of the Pregnant Worker Fairness Act by now. It went into effect in June of last year and required employers to make reasonable accommodations for employees who were pregnant or who had pregnancy-related conditions. Shortly after the Act took effect, the EEOC issued proposed regulations that very broadly interpreted the Act. For example, the proposed regulations construed contraception, abortion, lactation and some hysterectomies to be “pregnancy-related conditions” that must be accommodated.

Last Tuesday a Federal Judge sitting in Lubbock, Texas issued a permanent injunction that prevents the federal government from enforcing the PWFA against the State of Texas and its agencies and divisions. Federal agencies are only enjoined from enforcing the PWFA against the State of Texas and its agencies. The injunction does not apply to other states or private employers located in any state. However, other states are entitled to make the same argument as Texas should they also want protection from the PWFA.

The Court’s rationale in issuing the injunction was that Congress did not have the required quorum when it voted on the PWFA. (Congress relied upon a COVID-19 pandemic-era rule that allowed non-present members of Congress to be counted as if present and to vote by proxy.)

We are still waiting on publication of the EEOC’s final regulations implementing the PWFA. The draft regulations were published on August 11, 2023, and since that time the EEOC has received more than 100,000 public comments. We have no clear deadline for publication of the final regulations.

What Does a Texas Judge's Injunction of Enforcement of the PWFA Mean?

Most of you have heard of the Pregnant Worker Fairness Act by now. It went into effect in June of last year and required employers to make reasonable accommodations for employees who were pregnant or who had pregnancy-related conditions. Shortly after the Act took effect, the EEOC issued proposed regulations that very broadly interpreted the Act. For example, the proposed regulations construed contraception, abortion, lactation and some hysterectomies to be “pregnancy-related conditions” that must be accommodated.

Last Tuesday a Federal Judge sitting in Lubbock, Texas issued a permanent injunction that prevents the federal government from enforcing the PWFA against the State of Texas and its agencies and divisions. Federal agencies are only enjoined from enforcing the PWFA against the State of Texas and its agencies. The injunction does not apply to other states or private employers located in any state. However, other states are entitled to make the same argument as Texas should they also want protection from the PWFA.

The Court’s rationale in issuing the injunction was that Congress did not have the required quorum when it voted on the PWFA. (Congress relied upon a COVID-19 pandemic-era rule that allowed non-present members of Congress to be counted as if present and to vote by proxy.)

We are still waiting on publication of the EEOC’s final regulations implementing the PWFA. The draft regulations were published on August 11, 2023, and since that time the EEOC has received more than 100,000 public comments. We have no clear deadline for publication of the final regulations.

What Does a Texas Judge's Injunction of Enforcement of the PWFA Mean?

Most of you have heard of the Pregnant Worker Fairness Act by now. It went into effect in June of last year and required employers to make reasonable accommodations for employees who were pregnant or who had pregnancy-related conditions. Shortly after the Act took effect, the EEOC issued proposed regulations that very broadly interpreted the Act. For example, the proposed regulations construed contraception, abortion, lactation and some hysterectomies to be “pregnancy-related conditions” that must be accommodated.

Last Tuesday a Federal Judge sitting in Lubbock, Texas issued a permanent injunction that prevents the federal government from enforcing the PWFA against the State of Texas and its agencies and divisions. Federal agencies are only enjoined from enforcing the PWFA against the State of Texas and its agencies. The injunction does not apply to other states or private employers located in any state. However, other states are entitled to make the same argument as Texas should they also want protection from the PWFA.

The Court’s rationale in issuing the injunction was that Congress did not have the required quorum when it voted on the PWFA. (Congress relied upon a COVID-19 pandemic-era rule that allowed non-present members of Congress to be counted as if present and to vote by proxy.)

We are still waiting on publication of the EEOC’s final regulations implementing the PWFA. The draft regulations were published on August 11, 2023, and since that time the EEOC has received more than 100,000 public comments. We have no clear deadline for publication of the final regulations.

What Does a Texas Judge's Injunction of Enforcement of the PWFA Mean?

Most of you have heard of the Pregnant Worker Fairness Act by now. It went into effect in June of last year and required employers to make reasonable accommodations for employees who were pregnant or who had pregnancy-related conditions. Shortly after the Act took effect, the EEOC issued proposed regulations that very broadly interpreted the Act. For example, the proposed regulations construed contraception, abortion, lactation and some hysterectomies to be “pregnancy-related conditions” that must be accommodated.

Last Tuesday a Federal Judge sitting in Lubbock, Texas issued a permanent injunction that prevents the federal government from enforcing the PWFA against the State of Texas and its agencies and divisions. Federal agencies are only enjoined from enforcing the PWFA against the State of Texas and its agencies. The injunction does not apply to other states or private employers located in any state. However, other states are entitled to make the same argument as Texas should they also want protection from the PWFA.

The Court’s rationale in issuing the injunction was that Congress did not have the required quorum when it voted on the PWFA. (Congress relied upon a COVID-19 pandemic-era rule that allowed non-present members of Congress to be counted as if present and to vote by proxy.)

We are still waiting on publication of the EEOC’s final regulations implementing the PWFA. The draft regulations were published on August 11, 2023, and since that time the EEOC has received more than 100,000 public comments. We have no clear deadline for publication of the final regulations.

What Does a Texas Judge's Injunction of Enforcement of the PWFA Mean?

Most of you have heard of the Pregnant Worker Fairness Act by now. It went into effect in June of last year and required employers to make reasonable accommodations for employees who were pregnant or who had pregnancy-related conditions. Shortly after the Act took effect, the EEOC issued proposed regulations that very broadly interpreted the Act. For example, the proposed regulations construed contraception, abortion, lactation and some hysterectomies to be “pregnancy-related conditions” that must be accommodated.

Last Tuesday a Federal Judge sitting in Lubbock, Texas issued a permanent injunction that prevents the federal government from enforcing the PWFA against the State of Texas and its agencies and divisions. Federal agencies are only enjoined from enforcing the PWFA against the State of Texas and its agencies. The injunction does not apply to other states or private employers located in any state. However, other states are entitled to make the same argument as Texas should they also want protection from the PWFA.

The Court’s rationale in issuing the injunction was that Congress did not have the required quorum when it voted on the PWFA. (Congress relied upon a COVID-19 pandemic-era rule that allowed non-present members of Congress to be counted as if present and to vote by proxy.)

We are still waiting on publication of the EEOC’s final regulations implementing the PWFA. The draft regulations were published on August 11, 2023, and since that time the EEOC has received more than 100,000 public comments. We have no clear deadline for publication of the final regulations.

What Does a Texas Judge's Injunction of Enforcement of the PWFA Mean?

Most of you have heard of the Pregnant Worker Fairness Act by now. It went into effect in June of last year and required employers to make reasonable accommodations for employees who were pregnant or who had pregnancy-related conditions. Shortly after the Act took effect, the EEOC issued proposed regulations that very broadly interpreted the Act. For example, the proposed regulations construed contraception, abortion, lactation and some hysterectomies to be “pregnancy-related conditions” that must be accommodated.

Last Tuesday a Federal Judge sitting in Lubbock, Texas issued a permanent injunction that prevents the federal government from enforcing the PWFA against the State of Texas and its agencies and divisions. Federal agencies are only enjoined from enforcing the PWFA against the State of Texas and its agencies. The injunction does not apply to other states or private employers located in any state. However, other states are entitled to make the same argument as Texas should they also want protection from the PWFA.

The Court’s rationale in issuing the injunction was that Congress did not have the required quorum when it voted on the PWFA. (Congress relied upon a COVID-19 pandemic-era rule that allowed non-present members of Congress to be counted as if present and to vote by proxy.)

We are still waiting on publication of the EEOC’s final regulations implementing the PWFA. The draft regulations were published on August 11, 2023, and since that time the EEOC has received more than 100,000 public comments. We have no clear deadline for publication of the final regulations.