Johnson Controls, Inc. (886 F.2d 871 (7th Cir. 1989).
The Supreme Court heard this case because they were concerned with an employer's gender-based fetal-protection policy. The question was whether an employer could exclude a fertile female employee from certain jobs because of its concern for the health of the fetus the woman might conceive. In a unanimous decision, the Supreme Court struck down the employer's fetal protection policy as violation of Title VII of the 1964 Civil Rights Act. The Court held that this policy, which barred fertile women from jobs involving lead exposure or which could expose them to lead through the exercise of job bidding, bumping, transfer or promotion rights, constituted facial discrimination on the basis of sex. Moreover, the Court rejected the employer's argument that the policy was permitted under the bona fide occupational qualification (BFOQ) exception to Title VII (International Union, UAW v. Johnson Controls, Inc. (886 F.2d 871 (7th Cir. 1989).
The court relied on the BFOQ defense in its decision. This defense is based narrowly on the cases of Dothard v. Rawlinson, 433 U.S. 321, 332-337 (1977) and Trans World Airlines, Inc. v. Thurston, 469 U.S. 111, 122-125 (1985). The wording of the BFOQ defense contains...
The safety exception to the BFOQ is limited to instances in which sex or pregnancy actually interferes with the employee's ability to perform, and the employer must direct its concerns in this regard to those aspects of the woman's job-related activities that fall within the essence of the particular business. This was determined in the case of Western Air Lines, Inc. v. Criswell, 472 U.S. 400, 413 and Trans
One of the problems with discrimination laws is that they the law does not have the power to completely cure social problems. For example, affirmative action was a necessary part of the effort towards equality because many employers were simply unwilling to give woman an equal chance at job opportunities. However, many areas of overt gender discrimination have been cured, or cannot be cured by quotas because of a lack
Union Management Relations in Perspective Unions are very important for fostering change both in the national and international societies. This is a judgment based on the consideration of the managerial features which helps to engender that crucial bond between an employee and his/her employer. Unions which run under management regularly pay attention to their output of work although sometimes they could wield significant influence on the political and social landscapes. Trade Unions
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