International Union, UAW v. Johnson Controls, Inc
Federal Reporter 886: 871-921
1989
PMID: 11648148 Document Number: 339133
The U.S. Court of Appeals, Seventh Circuit, upheld the legality of excluding women from specific work areas under Johnson Controls' fetal protection policy as reasonably necessary for the protection of fetuses from lead exposure. The policy was challenged as sexually discriminatory because it disallowed women from working in high lead-exposure workplaces if the women were still fertile or were pregnant. The court found that overwhelming evidence demonstrated the hazardous health effects of exposure to lead. The risk of transmission of harm to a fetus was confined to fertile female employees. Therefore, the sex bias of the policy was permissible. Furthermore, no alternatives were demonstrated which would be any less discriminatory, and still equally effective. Finally, the court found the policy to be necessary to industrial safety and hence a bona fide occupational qualification, protected against claims of sexual discrimination.