Johnson Controls, Inc. manufactures batteries. Lead is a primary ingredient in the battery. Because the company was afraid that exposure to lead could lead to harm to any fetus carried by a female employee, the company excluded women who were pregnant or “capable of bearing children” from jobs that exposed them to lead. When a group of women challenged this policy, the company argued that although the new policy may be discriminatory towards women is was a bona fide occupational qualification (BFOQ) and therefore should be permitted. Do you agree? How do you think the court resolved this issue? (Question 4, page 420).
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