In 1990 the Supreme Court heard UAW v. Johnson Controls. Employer Johnson Controls, a global company specializing in improving the efficiency of buildings, automobiles and batteries, has denied female employees of childbearing age from taking certain positions. The company argued that exposure to high amounts of lead in these locations would lead to serious birth defects in fetuses and mothers. Johnson Controls establishes fetal protection policy to protect the reproductive health of women and the health of developing fetuses. After 8 employees became pregnant after being exposed to high amounts of lead in these roles. Members of the International Union filed a class action lawsuit alleging that the policy discriminated against female workers under Title Seven of the Civil Rights Act. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay Title seven of the Civil Rights Act prevents employers from discriminating against employees and prospective employees based on sex, race, color, national origin, and beliefs. This act was later amended by the Pregnancy Discrimination Act of 1978. Which prohibited employers from discriminating against childbirth or related medical conditions. The Equal Employment Opportunity Commission says pregnancy must be treated the same as any other disability, providing opportunities such as modified light duties, disability leave, or leave without pay under Title 7, and the employer has the opportunity to legally discriminate in employment-related personnel decisions on the basis of such protected characteristics if the characteristic is considered a bona fide occupational qualification or BFOQ. A BFOQ may be declared if there is a direct relationship between a specific protected characteristic and the ability to perform the job, that there are no less restrictive alternatives available, and that the BFOQ relates to the organization's core mission. This is Johnson Controls' basis defense unlike 2015, when the Ruby Tuesday restaurant was ordered to pay $100,000 to two male employees for denying female-only server promotional opportunities. Johnson Controls argues that allowing workers who may have become pregnant has left the company open to liability lawsuits if their newborns have birth defects as a result of their working conditions. The levels of lead that were the main ingredient in many of its products that workers would be exposed to in the inserts and rolls are higher than those deemed safe by the Occupational Safety and Health Administration, which is the federal agency charged with regulating the I work for safety. To enable female workers to perform these roles, female workers must have their infertility medically documented. The company argued that the text of the Pregnancy Discrimination Act states that the employee must be able to perform the job as safely as someone who is not in that category and that the BFOQ defense provides in this case. The BFOQ in this case was the ability to complete the tasks of the role without risk of injury. Although Johnson Controls claims that exposure to high levels of lead would cause serious brain defects in fetuses, it has not been able to pinpoint exactly at what level they would become a danger. As an employer, they felt responsible for the materials they produced while ensuring the safety of their employees. The International Union, which.
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