6/27/08
In a case of first impression, the U.S. Court of Appeals for the Third Circuit recently held that an employee who underwent an abortion may file a discrimination claim under the Pregnancy Discrimination Act (PDA). Doe v. C.A.R.S Prot. Plus In. Passed in 1975, the PDA amended Title VII to prohibit discrimination against women due to pregnancy, childbirth, or pregnancy-related medical conditions.
In Doe, an employee had an abortion based on the recommendation of her doctor. Before the abortion, the employee's husband spoke with her supervisor, who was the company's vice president, and requested a week's vacation. The supervisor approved the request, but the employee was fired five days after the abortion. The company asserted that the employee was fired because she did not follow company leave procedures, under which she was required to call in each day she was absent.
While the PDA does not specifically refer to abortion, the court found that the Equal Employment Opportunity Commission's interpretive guidelines and the legislative history of the PDA supported the view that the PDA prohibits discrimination against employees who have abortions.
While other federal courts have not yet addressed this issue, the court's decision in this case may well influence similar cases outside of the Third Circuit. Consequently, employers should presume that abortion is protected by Title VII, and should treat requests for leave or other benefits related to an abortion or complications arising from an abortion in the same manner as leave for non-pregnancy-related medical conditions.
