The Pregnant Workers Fairness Act enjoyed broad bipartisan support, easily passed the House, and was favorably reported out of committee in the Senate.
It did not take long, however, for attacks to ensue. The state of Texas, represented by Texas Attorney General Ken Paxton, filed a lawsuit challenging the validity of PWFA because the House of Representatives had allowed members to vote for the omnibus bill by proxy.
A federal trial judge in Texas, however, held that PWFA was unconstitutional because he believed only “in person” votes could count for determining a quorum. The case is now pending before the federal appeals court for the 5th Circuit.
(This essay is a part of Ms. and A Better Balance’s Women & Democracy installment, all about the Pregnant Workers Fairness Act—a groundbreaking civil rights law ensuring pregnant and postpartum workers have the right to reasonable workplace accommodations. Bipartisan, pro-family and boldly feminist, the PWFA is both a lesson in democracy and a battleground for its defense against antidemocratic attacks.)