LUBBOCK, Texas (Legal Newsline) - A Texas electric repair company says a new federal law requiring it to provide leave for employees seeking abortions is unconstitutional.
Brandon & Clark, Inc. filed a lawsuit July 22 in the United States District Court for the Northern District of Texas, challenging the constitutionality of the Pregnant Workers Fairness Act (PWFA).
The company argues that the statute, which requires employers to grant leave for employees who need time off to travel for abortions, was enacted without a proper quorum in the House of Representatives, thus violating the Quorum Clause of the U.S. Constitution.
The lawsuit names multiple defendants, including the Equal Employment Opportunity Commission (EEOC) and several of its commissioners, as well as the United States of America.
The complaint contends that only 201 members were present when the House voted on the Consolidated Appropriations Act of 2023, which included the PWFA.
Brandon & Clark asserts that this number does not meet the constitutional requirement for a quorum, rendering both the act and its provisions invalid. The company is seeking declaratory and injunctive relief to prevent enforcement of the PWFA and its implementing regulations by EEOC.
Matthew Miller and others at the Texas Public Policy Foundation represent the plaintiff.