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- <text id=89TT2673>
- <title>
- Oct. 16, 1989: Bias Or Safety?
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1989
- Oct. 16, 1989 The Ivory Trail
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 61
- Bias or Safety?
- </hdr><body>
- <p>A federal court okays a tough health rule for women workers
- </p>
- <p> The legal battle against sex discrimination has often
- pitted the backers of women's rights against paternalistic rules
- that protect -- and bar -- women from the workplace. The fight
- appears to have taken a new turn as a result of a major federal
- decision from the Chicago-based Seventh Circuit Court of
- Appeals.
- </p>
- <p> In 1982 Johnson Controls of Milwaukee instituted a strict
- employment policy for women working in its
- battery-manufacturing division. It excluded women capable of
- bearing children from jobs that expose workers to certain levels
- of lead. The reason, said the company, was medical: scientific
- evidence indicates that exposing a mother to lead contamination
- can cause serious damage to the nervous system of a fetus.
- </p>
- <p> Several employees and their union challenged the blanket
- ban, charging a violation of federal discrimination laws. But
- the Seventh Circuit, siding with the company, two weeks ago
- concluded that the workers had failed to show that the health
- hazard could be eliminated by anything less than the sweeping
- measure in question. Said the court: "The unborn child has no
- opportunity to avoid this grave danger, but bears the definite
- risk of suffering permanent consequences."
- </p>
- <p> Calling it "the most important sex discrimination case"
- since 1964, dissenting Judge Frank Easterbrook, a conservative
- Reagan appointee, assailed the ruling. Citing research
- indicating that contaminated men also risk injuring their
- offspring, he wrote, "No legal or ethical principle . . . allows
- Johnson to assume that women are less able than men to make
- intelligent decisions about the welfare of the next generation,
- that the interests of the next generation always trump the
- interests of living woman, and that the only acceptable level
- of risk is zero."
- </p>
- <p> Labor unions, women's groups and civil libertarians
- denounced the decision, which gives a boost to the
- fetal-protection policies that are spreading throughout the
- chemical, rubber, semiconductor and automotive industries.
- Challenges to such employment practices keep arising, though,
- and before long one may wind up in the U.S. Supreme Court.
- </p>
-
- </body></article>
- </text>
-
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