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HAYES v. SHELBY MEMORIAL HOSP.

No. 82-7296.

726 F.2d 1543 (1984)

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

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied April 19, 1984.

Attorney(s) appearing for the Case

Carl E. Johnson, Jr., Birmingham, Ala., for defendant-appellant.

J. Terrell McElheny, Susan D. Doughton, Birmingham, Ala., for plaintiff-appellee.

Justine S. Lisser, Washington, D.C., for amicus curiae (EEOC).

Joan E. Bertin, American Civil Liberties Union Foundation, New York City, for amicus curiae (American Civil Liberties Union, et al.).

Before JOHNSON and ANDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 19, 1984.

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

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