Texas Correctional Officers Fight to Defend Pregnant Worker Protections

Got story updates? Submit your updates here. ›

Correctional officers in Texas are fighting to preserve federal workplace protections for pregnant and postpartum workers after the state sued to block the Pregnant Workers Fairness Act from applying to state employees. AFSCME has stepped up to support the effort in court, citing shocking stories of COs denied basic accommodations that put their health and their babies' lives at risk.

Why it matters

This case highlights the critical need for workplace protections for pregnant and postpartum public safety professionals, who already face hazardous working conditions that are made worse by chronic short-staffing and lack of basic accommodations. If Texas prevails, it could jeopardize the health and safety of more workers like the CO in Abilene whose baby tragically did not survive.

The details

The Pregnant Workers Fairness Act (PWFA), which went into effect in June 2023, requires employers to make reasonable accommodations for workers with limitations due to pregnancy, recent childbirth or related medical conditions. However, Texas sued to block the PWFA from applying to state employees, including thousands of AFSCME members working in state prisons. AFSCME has filed a brief urging the court to side with working families, citing stories of COs disciplined or forced on unpaid leave for requesting basic accommodations like restroom access or light duty.

• The PWFA went into effect in June 2023.
• The tragic incident in Abilene occurred almost two years before the PWFA took effect.
• Texas sued to block the PWFA from applying to state employees after the law went into effect.

What’s next

The 5th Circuit Court of Appeals will decide whether the Pregnant Workers Fairness Act will continue to apply to Texas state employees, including AFSCME members working in state prisons.