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Excluding pregnant women from some jobs, even if it seems that the work environment will subject the workers' fetuses to injury, constitutes sex discrimination. What was not known when the Supreme Court issued its landmark Johnson Controls ruling, however, was whether employers could then be liable under state tort law if babies acquire birth defects due to conditions their mothers were exposed to on the job. The answer seems to be a resounding "yes."
October 29, 2007 at 12:00 AM
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The original version of this story was published on National Law Journal
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