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Question 59: How does the U.S. Supreme Court decision in
the case of United Auto Workers (UAW) vs Johnson Controls
affect the NRC requirement in 10 CFR 20.1208, "Dose to an
embryo / fetus," and the guidance in Regulatory Guide 8.13,
"Instruction Concerning Prenatal Exposure?"
Answer: That decision has no effect on either the
requirement or the guide, which are consistent with that
decision. (Reference: Letter from Bill M. Morris, NRC / RES,
to William E. Morgan, the Boeing Company, August 2, 1991).
For the information of those not familiar with this
decision, the Supreme Court in this case overturned a U.S.
Court of Appeals decision. In its decision, the Supreme
Court responded in the negative to the question, "May an
employer exclude a fertile female employee from certain
jobs because of its concern for the health of the fetus a
woman might conceive?" The court held that Title VII of
the Civil Rights Act of 1964, as amended, forbids
sex-specific fetal-protection policies. The majority of
the court concluded with a very strong statement: "It is
no more appropriate for the courts than it is for
individual employers to decide whether a woman's
reproductive role is more important to herself and her
family than her economic role. Congress has left this
choice to the woman as hers to make." (References:
20.1208, Regulatory Guide 8.13)