EEOC to Appeal Texas Judge’s Pregnancy Bias Law Ban to 5th Cir.

The US Equal Employment Opportunity Commission and the US Department of Justice have signaled they intend to appeal a Texas federal district court decision blocking the enforcement of a pregnancy bias statute against employees of the state.

The agencies said in a notice dated April 26 that they intend to file a petition in the US Court of Appeals for the Fifth Circuit for review of a Feb. 27 decision by Judge James Hendrix of the US District Court for the Northern District of Texas. Hendrix said the Congressional funding package that included the Pregnant Workers Fairness Act passed through the House of Representatives without a constitutional quorum.

The agencies’ decision to appeal Hendrix’s order comes shortly after PWFA rules were finalized by the EEOC earlier this month. The rules include protections for workers who require abortion-related accommodations, and have already been challenged in a lawsuit by a coalition of 17 red state attorneys general filed April 25.

Texas has previously succeeded in vacating the EEOC’s rules allowing exceptions for LGBTQ+ employees from workplace bathroom and dress code policies and limiting enforcement of criminal background check guidance.

The case is Texas v. Department of Justice, N.D. Tex., No. 5:23-cv-00034, appeal notice filed 4/26/24.