The Facts of International Union v. Johnson Controls:
After eight employees working in a battery manufacturing process where lead was a primary ingredient became pregnant the women were discovered to have blood-lead levels in excess of those noted by the Occupational Safety and Health Administration (OSHA) for women of childbearing years. The company then announced that such women would be excluded from jobs involving exposure or potential exposure to lead at levels exceeding those recommended by OSHA. A group of employees affected by the new company rule filed suit in United States District Court challenging the policy as sex discrimination that violated Title VII of the Civil Rights Act of 1964 as amended which prohibits sex-based classifications in terms and conditions of employment, hiring and discharge and other employment decisions. The District Court ruled for the employer It maintained a business necessity required a policy to protect a fetus. The United States Court of Appeals upheld the District Court, ruling that where there is a substantial health risk to a fetus and it is transmitted only through women and there is no alternative as effective in protecting a fetus, such a policy is allowed. Furthermore, it is up to the plaintiffs to demonstrate that such conditions do not apply.

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