A female employee who was fired after undergoing a surgical abortion can sue for discrimination under the Pregnancy Discrimination Act, the Third Circuit rules. The decision is a precedent in extending the protections of the PDA to women who elect to terminate their pregnancies.

The law prohibits employment discrimination against women who are “affected by pregnancy, childbirth, and related medical conditions.” Citing the “plain language” of the PDA, its legislative history, and Equal Employment Opportunity Commission guidelines on pregnancy discrimination, the Court says that “related medical conditions” includes an abortion. The Court says that the employee presented sufficient evidence to establish a prima facie case of discrimination, and that a trial could determine that the company’s reason for her discharge was a pretext. Doe v. C.A.R.S, Protection Plus Inc.