Fetal Protection and Employment Discrimination -- The
Annas, George J.
New England Journal of Medicine. 1991 Sep 5; 325(10): 740-743.
Employers have historically limited women's access to traditionally male, high-paying jobs....The contemporary legal question has become whether employers can substitute concern for fetal health for concern for women's health as an argument for limiting job opportunities for women. The U.S. Supreme Court decided in March 1991 that the answer is no and that federal law prohibits employers from excluding women from job categories on the basis that they are or might become pregnant. All nine justices agreed that the "fetal-protection policy" adopted by Johnson Controls, Inc., to restrict jobs in the manufacture of batteries to men and sterile women was a violation of law, and six of the nine agreed that federal law prohibits any discrimination solely on the basis of possible or actual pregnancy. The ruling in
Congenital Disorders; Discrimination; Employment; Females; Fetuses; Health; Industry; Injuries; Law; Legal Aspects; Legal Liability; Liability; Males; Medicine; Occupational Health; Occupational Medicine; Pregnant Women; Prenatal Injuries; Pregnancy; Social Discrimination; Supreme Court Decisions; Women's Health;
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