Pregnancy Discrimination Act and Abortion

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What Federa Lws Protect against Pregnancy Discrimination?

The Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, prohibits employers from discriminating against employees because of pregnancy or related medical conditions.

This means that an employer must not treat pregnant employees differently from other employees with the same abilities and limitations.

Do These Laws Also Protect Women Who Have Had Abortions?

Traditionally, courts have focused on pregnant employees, not employees who have had abortions. 

Recently, some U.S. courts have found that this law applies to women who have had abortions.  In these states, an employer may not fire or fail to hire an employee simply because she had an abortion. Abortion, according to these courts, is a “related medical condition” and is therefore covered.

How Can an Employee Demonstrate That Discrimination Occurred?

As in all cases involving employment discrimination, the employee will have to show that the employer was motivated by the fact that she had an abortion, and not another, legitimate factor, such as job performance. Once this is shown, the employer has a chance to prove that he or she had a legitimate business reason to fire the employee.

Do I Need an Attorney for My Pregnancy Discrimination Case?

If you have been discriminated against at work for having an abortion, contact an employment lawyer to discuss your case.

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Last Modified: 12-16-2014 03:50 PM PST

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