Question

Johnson Controls, Inc., manufactures batteries. Lead is a primary ingredient in that manufacturing process. A pregnant female employee's occupational exposure to lead involves a risk of harm to a fetus that she is carrying. For this reason, Johnson Controls excluded women who are pregnant or who are capable of bearing children from jobs that involve exposure to lead. Numerous plaintiffs, including a woman who had chosen to be sterilized to avoid losing her job, filed a class action against Johnson Controls under Title VII.

Is Johnson Controls entitled to use the BFOQ defense?

Answer 1

Johnson Controls is not entitled to use the BFOQ defense due to their policy to exclude pregnant women from lead-exposed jobs.

Step-by-step explanation:

Under Title VII, an employer can only use a BFOQ (bona fide occupational qualification) defense when there is a legitimate reason to discriminate based on sex or gender. While Johnson Controls excluded pregnant women and women capable of bearing children from lead-exposed jobs to protect the fetus, this policy does not meet the requirements for a BFOQ defense. The three-part test for sex-related BFOQs requires that all or substantially all women cannot perform the job, choosing the other gender would undermine the essence of the business, and reasonable alternative accommodations cannot be made. Johnson Controls does not meet these criteria, so they are not entitled to use the BFOQ defense.