Weighing Some Heavy Metal

The Supreme Court rules that potential health risks to a fetus are no excuse to discriminate against women in the workplace

Which matters more, the rights of a fertile woman to work in the job she wants and is qualified for, or the rights of employers to impose work rules to protect her unborn children?

That was the question the Supreme Court faced last week as it addressed for the first time the controversial issue of industrial fetal-protection policies. The Justices' answer, in a decision that could affect millions of workingwomen: companies cannot exclude fertile females from certain high-risk jobs because of the potential harm to unborn babies. "Women as capable of doing their jobs as their male counterparts may not be...

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