Women who intend to be pregnant and women having abortions are also covered by the Act. An employer may not refuse to hire an applicant because she underwent an abortion. Existing employees may not be discriminated on the ground of undergoing abortion either. For example, in Doe v. C.A.R.S. Prot. Plus, 527 F.3d 358 (3d Cir. Pa. 2008) the plaintiff who was a former employee of C.A.R.S appealed from a judgment of the United States District Court for the Western District of Pennsylvania which granted summary judgment to defendant employer on the employee’s gender discrimination claim under the Pregnancy Discrimination Act, 42 U.S.C.S. § 2000e(k). The former employee alleged that the employer terminated her employment because she underwent a surgical abortion. The employee was fired three working days after the employee’s husband notified the employer that the employee was undergoing an abortion. The court held that the proximity between the notification and firing was sufficient enough to show a casual connection between the abortion and termination of employment. As a result the court reversed the summary judgment granted to the employer and remanded the case for further proceedings.
All fringe benefits except health insurance, offered for other medical conditions must be provided for employees who have abortions also. Health insurance benefits may be provided to abortion cases where the abortion was conducted to save the life of the mother. Additionally, health insurance benefits should cover other medical complications resulting from abortions.