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Essay Details:
Essay text:
The district court entered a summary judgment for Johnson Controls. The court of appeals affirmed the district court's decision. The plaintiffs then appealed to the U.S. Supreme Court.
Issue:
Does a fetal-protection policy fall within the so-called safety exception of the BFOQ, which states that an employer may discriminate on the basis of "religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise"?
Answer:
No, because decisions about the welfare of future children must be left to the parents who conceive, bear, support, and raise them rather than to the employers who hire those parents...
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