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Third Circuit Rules that Pregnancy Discrimination Act Prohibits

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In a case of first impression, the Third Circuit held that women who elect to terminate their pregnancies are protected under the Pregnancy Discrimination Act (PDA). The PDA prohibits discrimination “on the basis of pregnancy, child birth, or related medical conditions.” Relying on the plain language of the statute, its legislative history, and EEOC guidelines, the Third Circuit concluded that the term “related medical conditions” includes abortions.

Doe v. C.A.R.S. Protection Plus, Inc., et al., ___ F.3d ___, (3rd Cir. 2008) — In a case of first impression, the Third Circuit held that women who elect to terminate their pregnancies are protected under the Pregnancy Discrimination Act (PDA). The PDA prohibits discrimination “on the basis of pregnancy, child birth, or related medical conditions.” Relying on the plain language of the statute, its legislative history, and EEOC guidelines, the Third Circuit concluded that the term “related medical conditions” includes abortions.

Note: This article was published in the July 2008 issue of the New Jersey eAuthority.

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