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– Nelson Mandela

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Johnson Controls

Johnson Controls

Q Johnson Controls (JC) instituted a fetal protection policy that excluded women of childbearing age from jobs that would expose them to lead, which can cause potential birth defect. JC argue that the policy was intended to protect women. Would this be considered a valid BFOQ?

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Yes, it is considered the valid BFOQ as the company focuses on the well-being and protection of women from exposure to the poisonous lead. In my view, the company made the right decision in favor of women as it can affect their future life. In this case, women can also decide whether to work for that particular company to potentially threaten their lives. The company’s policy that applies to women has a legitimate concern as lead can cause genetic damage both before conception and after the conception that could further lead to abnormal fetal development.