Sylvia HAYES, Plaintiff-Appellee, v. SHELBY MEMORIAL HOSPITAL, Defendant-Appellant

TUTTLE, Senior Circuit Judge:

Historically, an effective means for employers, legislatures, and courts to limit the equal employment opportunities of women was to restrict their employment out of a professed concern for the health of women and their offspring. See, e.g., Muller v. Oregon, 208 U.S. 412, 28 S.Ct. 324, 52 L.Ed. 551 (1908). 1 In this appeal we are asked to determine whether a hospital can fire an x-ray technician when she becomes pregnant to protect the pregnant employee’s fetus from potentially harmful radiation, and to protect the hospital’s finances from potential litigation.…