The 5th U.S. Circuit Court of Appeals recently held that the Pregnancy Discrimination Act (PDA) bars an employer from discharging an employee based on an unjustified presumption that the employee's pregnancy will render her unable to fulfill her job expectations. As amended by the PDA, Title VII makes it unlawful for an employer to discriminate against an employee because of or on the basis of pregnancy, childbirth or related medical conditions.

Joanna Laxton learned she was pregnant after accepting an offer of employment by Gap, Inc., but before beginning her duties. On the first day of work she informed her supervisor. The supervisor let his displeasure be known. During the following months, Laxton received warnings for violating company policies and procedure. Within days of these warnings, she was terminated for additional "performance related issues."

Laxton filed a lawsuit, and in the end, the court found that Gap had fired her despite her experience and qualifications, and for questionable violations. In addition, they had not given her the opportunity to correct problems prior to firing.