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Fifth Circuit to Determine Enforcement of PWFA Against the State of Texas
On January 14, 2026, the Fifth Circuit Court of Appeals vacated a split decision reached by its panel that had allowed enforcement of the Pregnant Workers Fairness Act (PWFA) against the state of Texas as an employer. The full Fifth Circuit panel will now rehear the case en banc and decide whether the U.S. Constitution required congressional lawmakers’ physical presence in voting to pass the PWFA.
