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TIME: Almanac 1993
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TIME Almanac 1993.iso
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101689
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10168900.010
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1992-09-23
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LAW, Page 61Bias or Safety?
A federal court okays a tough health rule for women workers
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.
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.
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."
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."
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.