Third Circuit Rules Title VII Protects Women Who Have an Abortion


In a case of first impression, the U.S. Court of Appeals for the Third Circuit has ruled that the protections generally afforded pregnant women under Title VII, as amended by the Pregnancy Discrimination Act (PDA), also extend to women who have elected to terminate their pregnancies. Doe v. C.A.R.S. Protection Plus, Inc., Nos. 06 3625, 06-4508 (3d Cir. May 30, 2008). The PDA prohibits discrimination "on the basis of pregnancy, childbirth, or related medical conditions."1 Consistent with the legislative history of the PDA and the interpretive guidelines of the Equal Employment Opportunity Commission (EEOC), the Third Circuit found that an abortion is included in the "related medical conditions" referenced in the statute.

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