Pregnant Workers Fairness Act… and why Texas is blocking it

Salia Issa’s Story

On November 15, 2021, Texas prison guard Salia Issa was seven months pregnant when she started feeling contraction like pains during her shift. She asked to be relieved from her post so she could go to the hospital. Her boss refused, even called her a liar. Hours later, when her shift ended, she went to the hospital where no fetal heartbeat could be found. Her baby was stillborn.

If she had been allowed to leave her post to seek medical assistance sooner, her doctors believe the outcome would have been different. Her baby was past viability. She is suing TDCJ and her three supervisors. But Texas Attorney General Ken “defender of the unborn” Paxton said she doesn’t have a case because her employer didn’t violate any laws and he isn’t sure that her unborn baby had rights as a person.

The Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act through the Equal Employment Opportunity Commission went into effect June 27 2023, with the final regulation on April 15 of 2024 going into effect June 18th. This federal act requires an employer with 15 or more employees to provide “reasonable accommodation” to a qualified employee with a known limitation due to pregnancy. This includes longer and/or more flexible breaks to hydrate, eat, rest, or use the toilet; providing uniforms and/or safety equipment that will fit a pregnant body; and leave for healthcare appointments. The act also mandates time off for miscarriage or stillbirths and recovery, as well as for abortions…

Why Texas Blocked It

In March 2024, Texas blocked the act, in one source it was claimed that it would cost too much: a one time fee of $6600 to the state attorney general and $5200 annually to ensure it stays in compliance. But the actual argument used in court to get it blocked by Texas Attorney General, Ken Paxton (bending over backwards to prove his contempt for the unborn and their vessels) was that it violated the constitution’s quorum clause because the members largely voted by proxy, due to the pandemic. In another stunning feat of moral malleablity, Texas northern district federal judge, James Wesley Hendrix, agreed, thereby blocking the pregnant workers fairness act in Texas— well sort of.

The judgement only effects the state of Texas and its agencies as employers (like, um, prison guards), however, private businesses in Texas (with 15+ employees) still have to adhere to the federal PWFA. But Paxton’s “win” will probably happen in other states (and problably in similarly “pro-life” states) before June 18th. So this quorum clause defense for being jerks to pregnant workers will likely end up at the supreme court… and no doubt major employers will try it too. Of course, challenges to the PWFA seriously undermines arguments for fetal personhood.

Other Protections for Pregnant Workers

There are other protections for pregnant workers through EEOC, including

– Title VII, non-discrimination based on familial status or pregnancy.
– Americans with Disabilities Act, some pregnancy-related conditions qualify as disability
– Family and Medical Leave Act, unpaid job-protected leave
– PUMP Act, providing workplace protections to pump breastmilk while at work