The State of Texas filed a lawsuit against the federal government seeking to block the HR Policy-supported Pregnant Workers Fairness Act, claiming that it was Constitutionally invalid because it was passed by Congress without a quorum.
Decision: Texas district judge James Hendrix agreed with the state, holding that Congress, following a COVID-19 rule permitting absent members to vote by proxy, violated the Constitution by passing the law without a quorum.
Limited scope: The decision is limited solely to Texas state public employees and does not extend to any private sector employers or employees in Texas or elsewhere.
Coming soon to a jurisdiction near you? Despite its limited reach, this case surprised observers by successfully targeting the PWFA, potentially inspiring similar lawsuits in other states that could block the law for the private sector.
Outlook: The Texas lawsuit could eventually make it to the Supreme Court, meaning a resolution is likely far on the horizon.
