Modeling an Employment Policy to Unify Workers' Rights with Fetal Protection

33 Pages Posted: 26 Oct 2009

See all articles by Christine Neylon O'Brien

Christine Neylon O'Brien

Boston College - Carroll School of Management

Margo E. K. Reder

Boston College - Carroll School of Management

Date Written: October 25, 1992

Abstract

Women's rights to work should not be viewed as in conflict with the welfare of future generations. This is particularly true with respect to traditional fetal protection policies (FPPs), which, in the wake of the Supreme Court decision in Johnson Controls are, for the most part, legally discredited. Just as the women's movement may be recast as a human movement in this decade, sex-specific FPPs will be discarded in favor of broader reproductive and health programs (RHPs) that shelter all workers and potential offspring from reproductive and other hazards in the workplace. Gender-balanced research analyzing mediation of harm to both workers and fetuses is a vital priority at this time because many dormant questions regarding the impact of various toxins remain. The primary stakeholders in this controversy must cooperate in a proactive effort to improve technology, clean up toxic work environments, and set standards and goals that will permit the maintenance of a genderintegrated workforce without sacrificing the health and well-being of either workers or fetuses.

Suggested Citation

O'Brien, Christine Neylon and Reder, Margo E. K., Modeling an Employment Policy to Unify Workers' Rights with Fetal Protection (October 25, 1992). Arizona State Law Journal, Vol. 24, No. 3, pp. 1149-1180, 1992 . Available at SSRN: https://ssrn.com/abstract=1494006

Christine Neylon O'Brien (Contact Author)

Boston College - Carroll School of Management ( email )

140 Commonwealth Avenue
Business Law Department
Chestnut Hill, MA 02467
United States
(617) 552-0413 (Phone)
(617) 552-0414 (Fax)

Margo E. K. Reder

Boston College - Carroll School of Management ( email )

140 Commonwealth Avenue
Chestnut Hill, MA 02467
United States
617.552.0410 (Phone)

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