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Johnson Controls, Inc., manufactures batteries. Lead is a primary ingredient in that manufacturing process. A pregnant female employee’s occupational exposure to lead involves a risk of harm to a fetus that she is carrying. For this reason, Johnson Controls excluded women who are pregnant or who are capable of bearing children from jobs that involve exposure to lead. Numerous plaintiffs, including a woman who had chosen to be sterilized to avoid losing her job, filed a class action against Johnson Controls under Title VII. Is Johnson Controls entitled to use the BFOQ defense?

Johnson Controls, Inc., manufactures batteries. Lead is a primary ingredient in that manufacturing process. A pregnant female employee’s occupational exposure to lead involves a risk of harm to a fetus that she is carrying. For this reason, Johnson Controls excluded women who are pregnant or who are capable of bearing children from jobs that involve exposure to lead. Numerous plaintiffs, including a woman who had chosen to be sterilized to avoid losing her job, filed a class action against Johnson Controls under Title VII. Is Johnson Controls entitled to use the BFOQ defense?

 

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