What is the current state of the law on the issue of fetal protection?
California, United States of America
The following excerpt is from Johnson Controls, Inc. v. Fair Employment & Housing Com., 218 Cal.App.3d 517, 267 Cal.Rptr. 158 (Cal. App. 1990):
Wright v. Olin Corp., supra, 697 F.2d 1172 was the first case to deal with the fetal protection issue. It considered the various alternative analyses in discrimination cases. 10 The court immediately dismissed thecovert discrimination paradigm as inappropriate to the facts presented and opted for the disparate impact/business necessity theory over the overt [218 Cal.App.3d 544] discrimination theory, although it acknowledged that both were "arguably" applicable. (Id. at p. 1185.)
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