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 Retaliation  Because of Fight for Abortion Training Gets Doc Million Dollar Lawsuit Settlement

A $1.4 million dollar settlement was reached last week in this important case about a doctor's advocacy for reproductive rights.

Here's the story as reported by the Center for Reproductive Rights and the Feminist Majority Foundation.

Dr. Christopher Carey served for many years as both Chief of Obstetrics & Gynecology and Director of the Obstetrics & Gynecology Residency Program at Maricopa County Hospital in Phoenix.

While in that position, Dr. Carey supported providing OB/GYN residents the opportunity to participate in abortion training if they so desired.

Carey also spoke out against the efforts of the Maricopa County Board of Supervisors and others who wanted to end those training opportunities.

As a result, Carey claimed he was harassed and retaliated against  by the Board of Supervisors and other officials who:

• carried on an eighteen month campaign to force Carey out of his position

• spread false statements which damaged his reputation

• worked to block his re-appointment to the Medical Staff
  

• conducted multiple baseless investigations

• voted to remove him from his position at the hospital

Carey was terminated from his position in September of 2004.

Carey sued alleging that his Constitutional rights were violated under the First and Fourteenth Amendments,  and that he was discriminated against because of his religious and moral beliefs.

A settlement of $1.4 million dollars was announced on May 22nd by the Center for Reproductive Rights and the firm of Weil, Gotshal & Manges which represented Dr. Carey. The case was set to go to trial on June 23rd.

In an interview after the settlement, Dr. Carey said:

I am extremely pleased with the settlement, but it’s important to remember that the shortage of abortion providers in this country is extensive.

A resident’s ability to obtain abortion training is crucial to ensuring women receive quality health care when they need it.

No doubt Dr. Carey is a real champion on this very important and controversial issue.  It's reassuring to many of us that Dr. Carey was vindicated.

In addition to the important principles concerning  quality health care, and freedom free from discrimination and retaliation,  there's a broader lesson to be learned from this case.

It was simply stated by Janet Crepps, deputy director of he U.S. Legal Program at the Center for Reproductive Rights who said:  "Personal politics have no place in medical care."

It's not often that we see cases which send this message -- let's hope it gets delivered.

 Image:blog.lib.umn.edu

            s1.causes.com

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What happens when a woman gets fired because she has an abortion? The Third Circuit Court of Appeals, in Doe v. C.A.R.S Protection Plus decided that the discharge was gender discrimination and reversed the lower court which had thrown out the case.

The Jane Doe plaintiff worked as a graphics designer for CARS, a car insurance business with offices in several states. During her pregnancy, Doe learned that the baby had severe deformities. In accordance with her physician’s recommendation she and her husband chose to terminate the pregnancy.

Doe’s husband called CARS on his wife's behalf and asked for a week’s vacation for her.  According to his testimony  the request was approved.  CARS discharged Doe several days later  -- on the same day as the baby’s funeral.

In a question of first impression for the Third Circuit, the Court held that the Pregnancy Discrimination Act’s coverage extended to women who elected to terminate their pregnancies. In so doing, the Court relied on:

1. Precedent from the Sixth Circuit Court of Appeals in Turic v. Holland Hospitality , Inc.
2. EEOC guidelines ( which state that “a woman who is affected by pregnancy and related conditions must be treated the same as all other employee … and is therefore protected against such practices as being fired merely because she is pregnant or has had an abortion”) ;and
3. Language from the legislative history of the Pregnancy Discrimination Act ( “no employer may fire or refuse to hire a woman simply because she has exercised her right to have an abortion” and concluded:

Clearly, the plain language of the statute, together with the legislative history and the EEOC guidelines, support a conclusion that an employer may  not discriminate against a woman employer because she has exercised her right to have an abortion.

In comparing Doe to other employees who were temporarily disabled, the Court found evidence that Doe had been treated differently when she was fired instead of given leave.

Although we have held that the 'PDA does not require that employers treat pregnant employees better than other temporarily disabled employees '... the PDA does require that employers treat pregnant employees no worse.

The judgment of the district court was reversed and Jane Doe was given the right to have her day in court.

The opinion is certainly an important one for all working women. There is certainly no room in the law for discrimination in the workplace based upon a woman’s Constitutional right of privacy and freedom of choice. Fortunately there are some courts which agree.

Image: http://www.methodist.org.uk/static/interface/if_distressedwoman_05.07.jpg

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