Golden Gate University Law Review


Valarie Mark


The controversy over fetal protection policies has so far centered on the relative rights and responsibilities of the worker, the employer, and the state. This article examines reproductive workplace hazards from the injured child's point of view, advocating compensation for injuries resulting from parental exposure. Part I introduces four policy goals that should be implemented in any compensation system in order to produce an appropriate balance of interests. These goals are: an adequate remedy for injury, equal treatment of male and female workers, incentives for workplace safety, and fairness to employers' economic interests. Part II examines current tort and workers' compensation law to see whether or not these goals are accomplished. Finally, Part III proposes a compensation system which adequately serves the four policy goals.