The Third Circuit Court of Appeals in the first case of its kind has ruled that the Pregnancy Discrimination Act protects an employee who has had an abortion. The Pregnancy Discrimination Act states that it prohibits discrimination because of “pregnancy, childbirth, or related medical conditions.” The court reasoned that the language “related medical conditions” may include abortions. The case was allowed to go forward because the employee was fired almost immediately after her supervisor learned she had an abortion, creating an inference that the abortion motivated the termination. In addition, one employee said that the manager had been overheard saying that the employee “could not handle it,” which likewise created the appearance of improper motives. The employer argued that the employee was fired because she did not call in as all employees are required to do for medical conditions, but the employee produced evidence showing that this rule was not followed consistently. The case is Doe vs. C.A.R.S. Protection Plus, Inc. and a copy can be found here.
