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Pregnancy Discrimination Act extends to abortion, Third Circuit says.

Publication: Trial
Publication Date: 01-AUG-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
A woman who missed work to have an abortion is protected under the Pregnancy Discrimination Act (PDA), the Third Circuit recently ruled in a case of first impression. The unnamed plaintiff claimed that she lost her job because she chose to terminate her pregnancy, and the court agreed, finding that "the term 'related medical conditions' [in the PDA] includes an abortion." (Doe v. C.A.R.S. Protection Plus, Inc., 2008 WL 2222689 (3d Cir. May 30, 2008).)

"[T]he plain language of the statute," wrote Judge Richard Nygaard for the court, "together with the legislative history support a conclusion that an employer may not discriminate against...

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