UNITED AUTO WORKERS V. JOHNSON CONTROLS, INC.

499 U.S. 187 (1991)

pp. 142-150

Parties
π – class action employees who wanted to work for ∆
∆ - manufactures batteries

Legal Claim/Defense
 π’s filed challenging ∆’s fetal-protection policy as sex discrimination that violated Title VII
of the Civil Rights Act of 1964.

Procedural History/Facts
 District Court granted summary judgment for ∆ & held that expert opinions hold that
lead affects reproductive abilities of men & women & π’s failed to establish that there is
acceptable alternative policy that would protect the fetus.
 Court of Appeals for Seventh Circuit held that proper standard for evaluating policy was
defense of business necessity; ∆ was entitled to SJ under defense & even if proper
standard was bona fide occupational qualification (BFOQ), ∆ still entitled to SJ.

Issue
Whether an employer may discriminate against women just b/c of their ability to become
pregnant.

Holding
 ∆’s fetal protection policy is sex discrimination forbidden under Title VII unless ∆ can
establish that sex is a bona fide occupational qualification.
 Employer x discriminate against a woman b/c of her capacity to become pregnant unless
reproductive potential prevents her from performing duties of job

Reasoning
 ∆’s 1982 policy excluded women who were pregnant or who were capable of bearing
children to be placed in jobs involving lead exposure.
 Policy excludes women w/ childbearing capacity from lead-exposed jobs  creates facial
classification based on gender
o Only concerned w/ female employees – facially discriminatory b/c requires only
female employee to prove she x reproduce
 BFOQ is quality that employers are allowed to consider when making decisions of hiring &
retention of employees
o To qualify as BFOQ, job qualification must relate to the essence, or central mission Commented [BM1]: Can concern job related skills &
of employers business. aptitudes
 Safety exception limited to where sex/pregnancy interferes w/ employees ability to perform
the job
 Women as capable of doing jobs as male counterparts x forced to choose between having a
child & having a job
 Employer must direct concerns about woman’s ability to perform job safety & efficiently to
those aspects of woman’s job-related activities that fall within essence of particular business
 Decisions about welfare of future children must be left to parents who conceive, bear,
support & raise them rather than employers who hire those parents

Concurrence/Dissent