Answer to Question 1
JCI's concerns about the welfare of the next generation do not suffice to establish a BFOQ of female sterility. Title VII, as amended by the PDA, mandates that decisions about welfare of future children be left to the parents who conceive, bear, support, and raise them rather than to the employers who hire those parents or to the courts. Moreover, an employer's tort liability for potential fetal injuries does not require a different result. If, under general tort principles, Title VII bans sex-specific fetal-protection policies, the employer fully informs the woman of the risk, and the employer has not acted negligently, the basis for holding an employer liable seems remote at best. Thus, the Court determined that a BFOQ defense was not available to JCI.
Answer to Question 2
.D