ABSTRACT

From the perspective of fetal risk, lead is not the only nor even the most potent toxic. The Bureau of National Affairs estimates fetal protection policies could deny more than 20 million jobs to women in industry alone. Supporters of the fetal protection rule situate themselves on the moral high ground of protectors of generations to come. Contemporary arguments for fetal protection come most easily at companies like Johnson Controls, where the presence of women is not really required. Corporations that follow Occupational Safety and Health Administration (OSHA's) safety standards are entitled to be insulated by federal law against the possibility of mega-judgments in fetal tort suits. There are jurisdictions where women who use illegal drugs during pregnancy are jailed as felons; and scientists regularly deliver warnings about what pregnant women eat and drink and smoke.