WHAT I WOULDN'T DO: Legal Updates from HR's Trenches: Abortion discrimination is still illegal pregnancy bias.

• Author: Hyman, Jon

Is it legal to fire an employee who has an abortion? This is a question that a lot of employers and employees will now be asking in light of the Supreme Court's decision that there is no constitutional right to abortion. (Dobbs v. Jackson Women's Health Organization)

As controversial and divisive of an issue as abortion is (perhaps now more than ever), the law is clear that an employer cannot fire an employee for having one. Nothing the Supreme Court did in Dobbs changes this.

The EEOC made this clear in guidelines that the agency published in 2015, Enforcement Guidance on Pregnancy Discrimination and Related Issues:

Title VII prohibits discrimination based on pregnancy, childbirth, or a related medical condition. Thus, an employer may not discriminate against a woman with a medical condition relating to pregnancy or childbirth and must treat her the same as others who are similar in their ability or inability to work but are not affected by pregnancy, childbirth, or related medical conditions... . Title VII protects women from being fired for having an abortion or contemplating having an abortion. (See the full EEOC document at www.tinyurl.com/EEOCpregnancy.)

The courts have universally supported the EEOC's position. It's been the law of the 6th Circuit for more than 25 years and the 3rd Circuit for nearly 15 years. The Dobbs...