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Topic: YOU MAKE THE CALL

Fetal Hazard Protection Policies

March 19, 2009

Today is the 18th anniversary of an important workplace health decision of the U.S. Supreme Court. We’ll give you the facts. See if you can figure out who won and why.

WHAT HAPPENED

In 1982, a company that manufactures automobile batteries adopts a policy banning women from holding jobs where they might be exposed to high levels of lead. The only exception: The company is willing to assign such jobs to women who can produce medical proof of their infertility. The union challenges the policy, claiming it’s illegal gender discrimination. The company claims the policy is necessary to protect the reproductive health of its female workers.

WHO WON?

The union.

EXPLANATION

The Court rules 9 to 0 that fetal protection policies that exclude fertile women from holding “dangerous jobs” violates Title VII of the Civil Rights Act (the law banning gender-based discrimination), because it doesn’t force men to make a similar choice regarding their reproductive health in a hazardous workplace.

Cite: Automobile Workers v. Johnson Controls, Inc., 499 U.S. 187 (1991).

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