The Pregnancy Discrimination Act and Abortion
The 3rd Circuit recently handed down a ruling on what may be one of the first cases of abortion discrimination. A three-judge appellate panel revived Doe v. CARS Protection Plus, which had been dismissed by the lower court, and focused on the question of whether abortion is protected by the Pregnancy Discrimination Act (PDA) of 1978. Plaintiff Doe reluctantly had an abortion after being informed that her fetus had severe disabilities which would prevent its survival after birth.
In the decision, the Judges noted that the PDA covers “pregnancy, childbirth, or related medical conditions,” and that abortion qualifies as one such related condition. The decision also emphasized the fact that the plain language of the PDA, the legislative history of the Act and the EEOC guidelines all support their conclusion that an employer may not discriminate against a female employee because she has had an abortion.
