Court overturns fetal protection policies

Abstract

The Supreme Court has unanimously ruled that cannot be barred from jobs that expose them to hazardous chemicals on the grounds that such exposure might harm potential fetuses. Several chemical companies, including Monsanto and Du Pont, have fetal protection policies. At issue was a policy established by Johnson Controls Co., a Milwaukee, Wis., battery manufacturer, in 1982 after eight female employees became pregnant while maintaining blood lead levels in excess of 30 g per deciliter. That policy stated, Women who are pregnant or who are capable of bearing children will not be placed into jobs involving lead exposure or which could expose them to lead through the exercise of job bidding, bumping, transfer, or promotion rights/' The company defined capable of bearing children as all women except those whose inability to bear children has been medically documented/' The court ruled that the policy was a clear violation of ...