ABSTRACT

Just moments before the oral argument in United Autoworkers (UAW) versus Johnson Controls in federal appeals, Judge John Coffey turned to University of Wisconsin law professor Carin Clauss, who was arguing the UAW’s case: “This is about the women who want to hurt their fetuses.” Judge Coffey’s observation puts on display the passions generated by the increasingly widespread corporate practice of “fetal protection” keeping all fertile women out of jobs where exposure to toxic chemicals may mean fetal vulnerability.