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Federal Court Revives Discrimination Lawsuit

The Third US Circuit Court of Appeals recently ruled in a case of first impression that a woman cannot be fired for obtaining an abortion. The unanimous three-judge panel ruled that a woman’s decision to terminate a pregnancy is protected under the federal Pregnancy Discrimination Act.

“The plain language of the statute, together with the legislative history and the EEOC guidelines, support a conclusion that an employer may not discriminate against a woman employee because she has exercised her right to have an abortion,” wrote Senior 3rd Circuit Judge Richard L. Nygaard, according to the Legal Intelligencer.

With this decision in Doe v. CARS Protection Plus Inc. (PDF), the court revives the case of a woman who was fired three days after undergoing an abortion. The woman stated that she decided to terminate her pregnancy after tests revealed severe fetal abnormalities, reports the Legal Intelligencer.

Sources:

Doe v. CARS Protection Plus Inc.; The Legal Intelligencer 6/3/08