Fetal protection and employment discrimination - the Johnson Controls case

Article Abstract:

Women have generally been excluded from high-paying jobs traditionally held by men. Today the question of excluding women revolves around the question of whether fetal health can be used as a means of limiting women's participation in the work force. Title VII of the Civil Rights Act of 1964 forbids employer discrimination based on race, color, religion, sex and national origin. The Pregnancy Discrimination Act of 1978 adds discrimination ''on the basis of pregnancy, childbirth, or related conditions.'' In 1977, Johnson Controls warned women who intended to become pregnant about lead exposure during the manufacture of batteries; in 1982 women capable of becoming pregnant were barred from working in the high-paying battery manufacturing jobs. In 1984 a class action suit was brought against the company, and the US Supreme Court upheld the Pregnancy Discrimination Act, finding obvious bias in the employer's rule. Although employers would prefer zero-risk, it is not practical. In practice, a company will not be held liable if it follows federal law, tells workers about health risks, and is not negligent. Fetal protection policies assume that women are ''primarily biologic actors'' and that men are economic actors with no ''biologic connections and responsibilities to their families.'' The Johnson Controls decision supports equality in the workplace, but the real issue is the duty to minimize exposure to toxic substances for all workers. Physicians should be aware of occupational hazards, and be able to inform their patients about the risks. (Consumer Summary produced by Reliance Medical Information, Inc.)

Occupational health and safety, Occupational safety and health, Sex discrimination, Fetal protection (Employment policy)

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Changing the consent rules for Desert Storm

Article Abstract:

During Operation Desert Storm, US military officials tried to waiver the requirement for informed consent for the use of experimental drugs and vaccines in service personnel. Informed consent is the policy that all patients must be informed of the risks of medical procedures or drugs before treatment. In the Persian Gulf, military officials were concerned about prevention and treatment of injury from biological warfare. The Food and Drug Administration permitted the waiver on a drug-by-drug basis. Consent was waivered for two drugs; one for pretreatment of nerve-gas attacks and another as a vaccine against botulism released in biological warfare. A suit was brought against the US Department of Defense to stop the waiver of informed consent. Both the US District Court and the US Court of Appeals upheld the waiver. Military officers changed their position, and decided to administer the botulism vaccine on a voluntary basis. The decision to waiver informed consent brings up serious ethical and moral questions concerning the experimental use of medical procedures and drugs. If the war had continued, military doctors would have had to address these questions.

Health aspects, Informed consent (Medical law), Informed consent, Persian Gulf War, 1991

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Protecting patients from discrimination - The Americans With Disabilities Act and HIV infection

Article Abstract:

The US Supreme Court in 1998 ruled that HIV patients are protected by The Americans With Disabilities Act. In the case of Bragdon v. Abbott, a dentist refused to fill a cavity in an HIV patient. The patient sued the dentist and a trial court and an appeals court both ruled in the patient's favor. Even though AIDS is listed as a disability under the ADA, HIV infection is not. The High Court decision is the first to rule that HIV patients are protected by the ADA. The Court returned the case to the Court of Appeals to determine whether the dentist could contract HIV from the patient.

Cases, Dentists, HIV patients

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