Hospital Could Not Rely On BFOQ Defense To Liability For Facially Discriminatory Fetal Protection Policy
A
United States District Court has held that a
hospital may not rely on an affirmative defense to liability for its facially
discriminatory fetal protection policy under Title VII and the Pregnancy
Discrimination Act (PDA). The court found that fetal safety concerns were not a
bona fide occupational qualification (BFOQ) that would justify that policy,
which was used to remove a pregnant radiology technologist and registered nurse
from the fluoroscopy room. The policy required all pregnant personnel to
immediately report their pregnancy status to the director. Federal regulations
explicitly reserve to the woman the choice as to whether or not to declare her
pregnancy. More importantly, the Supreme Court had roundly rejected fetal safety
as a defense to policies that facially discriminated on the basis of pregnancy.
U.S. E.E.O.C. v.
Catholic Healthcare West