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- LAW, Page 61Bias or Safety?A federal court okays a tough health rule for women workers
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- 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.
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- 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.
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- 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."
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- 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."
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- 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.