PHILADELPHIA (CN) – The 3rd Circuit allowed a woman to pursue her claim that she was wrongfully fired for having an abortion after she found out that her baby would be born severely deformed.
The district court had granted summary judgment to Jane Doe’s employer, C.A.R.S. Protection Plus, but the appellate court found that Doe had presented enough evidence to potentially clinch a verdict in her favor.
Doe and her husband chose to have an abortion after the doctor told them that their baby would be born with severe deformities.
Doe claimed her supervisor, Fred Kohl, allowed her to have a week off after the abortion, but he packed up her office while she was at the baby’s funeral.
After her firing, Doe sued Kohl and C.A.R.S. for discrimination under Title VII of the Civil Rights Act.
Judge Nygaard ruled that women cannot be fired for an abortion or any other condition relating to a pregnancy.
Although no records prove that Doe properly asked for time off from work, the testimony of her husband raises the issue of material fact needed to overturn summary judgment.