1. Do you agree with the Court that the welfare of the child should be left to the parents, not the employer?
2. What do you find most troublesome about the decision, if anything? Explain.
3. As an employer, what would you do in this situation?

In this case we are concerned with an employer’s gender-based fetal protection policy. May an employer exclude a fertile female employee from certain jobs because of its concern for the health of the fetus the woman might conceive? Our answer is no. Employees involved in the suit include Elsie Nelson, a 50-year-old divorcee, who suffered a loss in compensation when she was transferred out of a job where she was exposed to lead, Mary Craig who chose to be sterilized in order to avoid losing her job, and Donald Penny, who was denied a request for leave of absence for the purpose of lowering his lead level because he intended to become a father.