This article examines the implications that theJohnson Controls decision is likely to have for organizational policies governing fetal protection in the workplace. A brief history of the evolution of legal theory regarding fetal protection policies and Title VII is provided. Particular attention is devoted to examining the appropriate analytical framework for such policies, the changing requirements for the employer's burden of proof, and the likely consequences of applying disparate treatment theory of discrimination over disparate impact theory in analyzing the facts of such cases. Additionally, this article raises some of the social issues that will result from the employer's responsibility to protect the unborn children of its employees and the rights of those employees to equal employment opportunities.