Texas Court Battle Over Pregnant Workers' Protections and AFSCME's Role

Legal Battle Over Workplace Protections for Pregnant Corrections Officers in Texas

A recent incident involving a pregnant corrections officer in Abilene, Texas, has sparked significant legal and ethical discussions regarding workplace protections for pregnant employees. The officer, who was seven months pregnant, experienced severe pain during her shift and requested multiple times to leave for medical attention. However, her supervisor and the warden insisted she stay at work.

After enduring hours of pain, she was eventually allowed to leave and hurried to a hospital where doctors performed emergency surgery. Tragically, the baby did not survive, and hospital staff indicated that the outcome might have been different had she received medical care sooner.

This incident highlights the critical need for health and safety measures for pregnant and postpartum corrections officers, which could be a matter of life and death for both the officers and their children. Despite the importance of these protections, a federal judge has currently blocked their application to Texas state employees, affecting thousands of members of the American Federation of State, County and Municipal Employees (AFSCME).

The Pregnant Workers Fairness Act (PWFA), which took effect in June 2023, mandates that employers provide reasonable accommodations for workers facing limitations due to pregnancy or related medical conditions. However, following its enactment, Texas initiated legal action to prevent the act's application to state employees.

The case is now before the 5th Circuit Court of Appeals, and its outcome could endanger the safety of workers like the Abilene corrections officer in the future. In response, members of the AFSCME Texas Correctional Employees Council 907 (TCEC) are actively advocating to maintain the PWFA's protections.

AFSCME has recently filed a friend-of-the-court brief, highlighting the challenges faced by corrections officers who are denied essential accommodations during pregnancy. One case involved an officer being disciplined and sent home without pay for requesting restroom access during an inmate transport. Another officer was placed on unpaid leave after being denied light duty, with management labeling her a "liability."

In Texas, corrections officers are already contending with challenging work environments, exacerbated by chronic understaffing and lack of air conditioning. The absence of PWFA protections further increases the risks for these employees.

AFSCME is committed to empowering public safety professionals by advocating for safer working conditions, better wages, and comprehensive benefits. Members in corrections, law enforcement, and emergency response continue to defend community freedoms and safety.