Automobile Workers v. Johnson Controls

The Court of Appeals for the Seventh Circuit asked three questions about fetal protection policies to determine whether they were business necessities. The questions covered whether there was a substantial health risk to the fetus, if that hazard to the fetus was transferred only through women, and whether there was "a less discriminatory alternative equally capable of preventing the health hazard to the fetus."

In 1989, the court found that there was no dispute about the first question--lead exposure did present a hazard to a fetus. On the question of whether the father transmitted a health risk to the fetus, the court ruled the evidence "at best, speculative and unconvincing." As for a less discriminatory plan, the court found that the union and its employees failed to present an alternative.

Johnson Controls' policy was a business necessity and, therefore, was not illegal discrimination. The court also decided that such policies could exclude women under the bona fide occupational qualification standard (BFOQ) exemption of Title VII, which allowed discrimination if gender was critical to the job. None of the other courts of appeals had held this, however, so the Supreme Court granted certiorari to resolve the conflict.