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JCI manufactures batteries. Lead is a primary ingredient in that manufacturing process. A pregnant female’s exposure to lead involves a serious risk of harm to a fetus that she is carrying. For this reason, JCI excluded women who are pregnant or who are capable of becoming pregnant from jobs that involves exposure to lead. Numerous women, including a woman who had chosen to be sterilized to avoid losing her job, filed a lawsuit against JCI for sex discrimination. Is JCI entitled to use the BFOQ defense?
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