Strategies for Implementing Workplace Reproductive and Health Programs

31 Pages Posted: 27 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 26, 1993

Abstract

This article follows up on the Supreme Court's /United Auto Workers v. Johnson Controls, Inc/. decision striking down an employer's policy prohibiting fertile women from jobs involving workplace exposure to the well-known teratogen, lead, where the employer could not produce a defense to this facially discriminatory policy. The Court roundly criticized the employer's policy which did not 'seek to protect the unconceived children of all its employees.' After this decision, employers could no longer rely on fetal protection policies as a way to out from under liability for exposure to workplace carcinogens. The authors explore the meaning of this decision and reflect on wider policy and social issues, including: the need for safety and health legislation, as well as jobs where workers are not forced to choose between their economic and their reproductive health. The authors offer a number of recommendations for legislative, agency and business initiatives to accomplish these important goals.

Suggested Citation

O'Brien, Christine Neylon and Reder, Margo E. K., Strategies for Implementing Workplace Reproductive and Health Programs (October 26, 1993). Journal of Legislation, Vol. 19, pp. 97-126, 1993 . Available at SSRN: https://ssrn.com/abstract=1494367

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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