Case Briefs- Civil and Constitutional Law Part 2

Case Briefs Civil and Constitutional Law Part 2

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Unformatted text preview: le and the policy could be defended only if it was a BFOQ. (1) Johnson Control’s policy was facially discriminatory. • The policy classifies on the basis of gender and childbearing capacity, rather than fertility alone. • Despite evidence in the record about the debilitating effect of lead exposure on the male reproductive system, Johnson Controls is concerned only with the harms that may befall the unborn offspring of its female employees. • Furthermore, the Pregnancy Discrimination Act expressly prohibits such discrimination. (2) The BFOQ defense does not apply. Johnson Controls unsuccessfully argued that its fetal- protection policy fell within the safety exception to the BFOQ: • The court held that the exception is limited to instances in which sex or pregnancy actually interferes with the employee’s ability to perform the job. • Here, the unconceived fetuses of Johnson Controls’ female employees were neither customers nor third parties whose safety is essential to the business of battery manufacturing. • Additionally, fertile women participate in the manufacture of batteries as efficiently as anyone else. Addressing tort liability: If the employer fully informs the woman of the risk, and the employer has not acted negligently, the basis for holding an employer liable seems remote at best. Ledbetter v. Goodyear Tire & Rubber Co. (Time not matter) Over her nineteen- year career at Goodyear Tire, Lilly Ledbetter was consistently given low rankings in annual performance- and- salary reviews and low raises relative to other employees. Ledbetter sued Goodyear for gender discrimination in violation of Title VII of the Civil Rights Act of 1964, alleging that the company had given her a low salary because of her gender. A jury found for Ledbetter and awarded her over $3.5 million, which the district judge later reduced to $360,000. Goodyear appealed, citing a Title VII provision that...
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This document was uploaded on 03/06/2014 for the course POLISCI 122 at Stanford.

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