L. Hazardous Jobs

The Supreme Court has ruled that employers cannot ban women from certain hazardous jobs, even if the motive is preventing birth defects in fetuses those female workers may be carrying. In an important ruling, the Supreme Court decided that a manufacturer acted illegally by prohibiting women capable of bearing children from holding jobs involving exposure to lead during the manufacture of batteries. The court determined that such a policy forces some women to choose between having a child and keeping a job, and this violated federal laws against sex discrimination.

Tip:Despite the ruling in this case, women who insist on remaining in such jobs still have the right to sue their employers for damages on behalf of a child born with prenatal injuries caused by workplace conditions, even years after being exposed to such hazardous conditions. To reduce the chance of injury, consider asking for reassignment from a hazardous job when you become pregnant. However, if any reassignment is not voluntary but forced, and there is a reduction in workers' compensation benefits or seniority rights, or you are asked to sign a release waiving your right to sue in the future, consult a lawyer immediately.