International Union, United Automobile, Aerospace And Agricultural Implement Workers Of America, UAW v. Johnson Controls, Inc

499 U.S. 187 (1991)

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Nature of the Case

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Facts

Johnson Controls (D) made batteries and the production of which exposed employees to lead. D excluded women from making batteries as the job exposed them to lead and those women who were pregnant or who were capable of bearing children could not be assigned to such jobs. P sued claiming that this policy violated 42. U.S.C. Section 2000e. The class that was certified included men and women and a potential father that was denied transfer when he wanted to have children. Summary judgment was granted to D. The Seventh Circuit affirmed under the defense of business necessity and then considered the BFOQ defense.