The country’s pro-business attitude and its strongly anti-trans plan serve as a stark warning of the tangled internet that the state has woven into the Pregnant Workers Fairness Act.
The provincial Pregnant Workers Fairness Act, which was generally passed by proxy vote during the pandemic, may be upheld in Texas, according to a federal judge’s ruling last month. All female workers in Texas are immediately affected by Texas ‘ powerful blocking of the PWFA; however, it is particularly devastating for expectant transgender and other gender-extended individuals.
Under the management of GOP figures like Governor The state has come under the control of Governor Abbott and Attorney General Ken Paxton, particularly when it comes to trans individuals. The government has passed laws at their request that prohibit trans athletes from competing in sports that match their gender identification and outlaw gender-affirming treatment for trans children.
While the national passage of the PWFA was a win for some, it was especially historic for lower- income people, women of color, and gender minorities—groups that lack sufficient access to affordable and equitable healthcare. The PWFA eliminates the need for burdensome pregnancy documents, provides protection against being forced into paid leave, and allows for accommodations and left for pregnancy-related care, including childbirth and abortion.
By preventing the PWFA, Texas employers can continue to demand documentation of the necessity of pregnancy-related office accommodations as well as proof that the employer has recently made related accommodations to employees. This action places pregnant women in the place of not getting the apartments they need, and perhaps being forced out of their work or put on paid keep, which has disastrous effects for low-income families with new additions on the way.
PWFA is especially crucial for transgender and gender-inclusive people because they are more likely to experience discrimination and harassment at work, lack access to affordable and equitable healthcare, and face financial hardship. Even if they have access to prenatal or abortion care, numerous interactions with healthcare providers in order to get documentation can be challenging due to common issues like the high cost of care and transphobia. Transgender and gender expansive people report receiving less protection for reproductive health services like pap smears and having higher levels of self-managed abortions, which are particularly problematic. Additionally, work policies that provide time off for problems like postpartum depression that are guaranteed by PWFA may be of particular benefit to trans people who have higher benchmark rates of depression and suicide.
Pregnancy can even make transgender bias worse. After disclosing his maternity to his employer, a transgender man sued Amazon in New Jersey in 2020 for pregnancy and sex discrimination. He was therefore elevated to a position that required extensive lifting and was regularly taken on leave. The company also revealed the worker’s maternity status to his coworker, who started harassing him for using the men’s restroom. The situation highlights a significant difference in transgender work protections for those whose pregnancy can lead to other forms of transgender discrimination and harassment.
In stark contrast to the Pregnancy Discrimination Act of 1978, the PWFA’s gender-inclusive language represents a significant step toward ensuring equal treatment and exposure to apartments. Without adequate safeguards, Texas employers may object to making accommodations for pregnant transgender men by claiming that the law does not apply to them because the Pregnancy Discrimination Act especially mentions “women.”
When a judge ruled that employers should not hold trans employees from discrimination based on clothing, pronoun, and bathroom use, Texas has now made it clear that trans and gender- different employees will not be protected in the workplace. This additional PWFA obstruction serves as a stark illustration of the complex web that the state’s pro-business and pro-trans agenda weave together.
The plight of transgender pregnant individuals in Texas worsens as we navigate the risky terrain of a post-Dobbs landscape, underscoring the urgent need for comprehensive protections and support.
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