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Automobile Workers Vs. Johnson Controls

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  • US Supreme Court
  • Mar 20, 1991

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79 entries 3 linked 76 unlinked
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  1. Trans World Airlines, Inc. Vs. Thurston US Supreme Court · Jan 08, 1985
  2. Price Waterhouse Vs. Hopkins US Supreme Court · May 01, 1989
  3. Muller Vs. Oregon US Supreme Court · Feb 24, 1908
  4. Automobile Workers v. Johnson
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  5. Controls - 499 U.S. 187 (1991) U.S. Supreme Court Automobile Workers v. Johnson
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  6. their burden of persuasion as to each of the elements of the business necessity defense under Wards Cove Packing Co. v. Atonio
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  7. does not convert a facially discriminatory policy into a neutral policy with a discriminatory effect. Cf. Phillips v. Martin
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  8. of the particular business. Dothard v. Rawlinson
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  9. Western Air Lines, Inc. v. Criswell
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  10. cannot justify a discriminatory refusal to hire members of that gender. See, e.g., Los Angeles Dept. of Water & Power v. Manhart
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  11. see id. at 883-885, first reviewed fetal-protection opinions from the Eleventh and Fourth Circuits. See Hayes v. Shelby
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  12. Memorial Hospital, 726 F.2d 1543 (CA11 1984), and Wright v. Olin
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  13. Id. at 886. The court further noted that, under Wards Cove Packing Co. v. Atonio
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  14. s business, and that the fetal-protection policy is reasonably necessary to further that concern. Quoting Dothard v. Rawlinson
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  15. of Appeals here went one step further and invoked the burden-shifting framework set forth in Wards Cove Packing Co. v. Atonio
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  16. F.2d at 1548. This Court faced a conceptually similar situation in Phillips v. Martin
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  17. Newport News Shipbuilding & Dry Dock Co. v. EEOC
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  18. Los Angeles Dept. of Water & Power v. Manhart
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  19. the BFOQ exception. The BFOQ defense is written narrowly, and this Court has read it narrowly. See, e.g., Dothard v. Rawlinson
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  20. f)(1), which tracks the BFOQ provision in Title VII, just as narrowly. See Western Air Lines, Inc. v. Criswell
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  21. that discrimination on the basis of sex because of safety concerns is allowed only in narrow circumstances. In Dothard v. Rawlinson
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  22. of pregnancy on the ground that the employer's policy was necessary to ensure the safety of passengers. See Harriss v. Pan
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  23. Burwell v. Eastern
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  24. Condit v. United
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  25. National Airlines, 434 F.Supp. at 259. We considered safety to third parties in Western Airlines, Inc. v. Criswell
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  26. California Federal S. & L. Assn. v. Guerra
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  27. that the employer may take into account only the woman's ability to get her job done. See Becker, From Muller v. Oregon
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  28. Weeks v. Southern
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  29. recognize a right to recover for a prenatal injury based either on negligence or on wrongful death. See, e.g., Wolfe v. Isbell
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  30. Simon v. Mullin
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  31. upon by HIM to support its prediction, however, are inapposite. For example, in California Federal S. & L. Assn. v. Guerra
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  32. this Court has ruled that federal law preempts that of the States. See, e.g., Florida Lime & Avocado Growers, Inc. v. Paul
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  33. U. S. 132 , 373 U. S. 142 -143 (1963). This Court faced a similar situation in Farmers Union v. WDAY
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  34. Id. at 360 U. S. 535 , quoting Bethlehem Steel Co. v. New
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  35. Arizona Governing Committee v. Norris
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  36. U. S. 1073 , 463 U. S. 1084 , n. 14 (1983) (opinion of MARSHALL, J.). See Price Waterhouse v. Hopkins
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  37. offspring historically has been the excuse for denying women equal employment opportunities. See, e.g., Muller v. Oregon
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  38. fertile female employees from foundry jobs involving exposure to specified concentrations of airborne lead. See Grant v. General
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  39. Id. at 1310. In Johnson Controls, Inc. v. Fair
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  40. however, suggests that sex could not constitute a BFOQ when privacy interests are implicated. See, e.g., Backus v. Baptist
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  41. In evaluating the scope of the BFOQ defense, the proper starting point is the language of the statute. Cf. Demarest v. Manspeaker
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  42. Board of Ed. of Westside Community Schools v. Mergens
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  43. has been held not to be a defense to state tort or criminal liability. See National Solid Wastes Management Assn. v. Killian
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  44. comment b (1979). Relying on Los Angeles Dept. of Water and Power v. Manhart
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  45. and safety of the sort that could form the basis for an employer's adoption of a fetal protection policy. In Dothard v. Rawlinson
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  46. as an exercise in 'romantic paternalism.' Cf. Frontiero v. Richardson
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  47. Id. 433 U.S. at 433 U. S. 335 . We revisited the BFOQ defense in Western Air Lines, Inc. v. Criwell
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  48. we endorsed the two-part inquiry for evaluating a BFOQ defense used by the Fifth Circuit Court of Appeals in Usery v. Tamiami
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  49. them on an individual basis. 472 U.S. at 472 U. S. 414 (quoting Tamiami, supra, at 235 (quoting Weeks v. Southern
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  50. of its business. Indeed, in both cases, the Court approved the statement in Weeks v. Southern
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