On August 15, 2025, the U.S. Court of Appeals for the Fifth Circuit reinstated full enforcement of the Pregnant Workers Fairness Act (PWFA), reversing a lower court's ruling that had blocked the law in Texas. The decision eliminates uncertainty for employers and reaffirms that PWFA compliance requirements apply nationwide, including for state employers in Texas.
This ruling is a significant development for HR and benefits leaders, as it confirms the legal foundation of the PWFA and highlights the importance of keeping workplace practices and policies aligned with compliance standards.
What Happened: Fifth Circuit Reaffirms the PWFA
The PWFA was signed into law in December 2022 and became effective on June 27, 2023. It requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship.
Soon after the law took effect, the state of Texas challenged its constitutionality, arguing that the House's use of proxy voting during the COVID-19 pandemic violated the Constitution's Quorum Clause. A district court initially agreed, blocking enforcement of the PWFA against Texas as a state employer.
The Fifth Circuit Court of Appeals reversed that decision on August 15, ruling that proxy voting did not invalidate the legislative process. As a result, the PWFA is fully enforceable once again in Texas and remains intact nationwide.
Understanding the Pregnant Workers Fairness Act
The PWFA builds on—but is distinct from—existing protections such as the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA). Under the law, employers must provide reasonable accommodations for pregnancy-related limitations, ranging from modified schedules and additional restroom breaks to temporary light duty, unless the accommodation causes undue hardship.
The law also requires a timely, good-faith interactive process between employers and employees when requests are made. Workers cannot be forced into accommodations without discussion, nor can they be retaliated against for requesting them. Unlike the ADA, the PWFA does not require a medical condition to qualify as a disability for accommodations to be granted, expanding protections for a broader group of employees.
Why the Fifth Circuit's PWFA Ruling Matters for Employers
The Fifth Circuit's decision removes the uncertainty that surrounded the PWFA in Texas. For employers, the implications are clear:
- Full Compliance Is Required – Employers in Texas are now held to the same standards as those in other states.
- The Law Has Staying Power – The ruling strengthens confidence that the PWFA is constitutionally valid and will remain enforceable across the country.
- EEOC Enforcement Will Continue – The Equal Employment Opportunity Commission (EEOC), which issued final PWFA regulations in April 2025, can proceed with investigations and enforcement actions without jurisdictional obstacles
PWFA Compliance: Key Employer Obligations
To remain compliant, employers should focus on a few critical areas:
- Update policies and employee handbooks so that accommodation procedures are clear and accessible.
- Train HR staff and supervisors to recognize requests and respond consistently.
- Document the interactive process thoroughly, capturing each step in writing.
- Audit past practices to confirm that requests were handled appropriately.
- Stay alert to state or local laws that may extend protections beyond the federal baseline.
Practical Steps to Strengthen PWFA Compliance
Building strong compliance processes goes beyond policy updates. Employers should regularly train managers, set up clear documentation systems, and review accommodation practices to confirm consistency. Internal audits can help identify gaps before they lead to risk, and ongoing monitoring of EEOC guidance ensures that practices remain current.
Employers should view the PWFA not as a one-time compliance project but as an ongoing process of training, communication, and policy refinement.
How Inova Supports Employers with PWFA Compliance
While compliance ultimately rests with each organization, the right support can make it easier to manage.
Inova HR Assist gives employers access to certified HR professionals who can help draft compliant policies and advise on best practices for handling accommodation requests. With this added expertise, organizations can reduce compliance risk while creating a more supportive workplace for employees.
Learn more about how HR Assist can help your organization strengthen compliance and support your workforce.
