Even as we seen in Manhart, “actuarial studies could unquestionably recognize variations in life span predicated on battle or nationwide beginning, in addition to intercourse. ” Id., at 709, 98 S. Ct., at 1376 (footnote omitted). If petitioners’ interpretation associated with statute had been proper, such studies might be utilized as being a reason for spending workers of just one battle reduced month-to-month advantages than workers of some other competition. We continue steadily to think that “a statute that has been built to make competition unimportant into the work market, ” ibid., citing Griggs v. Duke Power Co., 401 U.S. 424, 436, 91 S. Ct. 849, 856, 28 L. Ed. 2d 158 (1971), could not fairly be construed allowing this kind of classification that is racial. And unless it falls within one of a couple of slim exceptions which can be clearly inapplicable right here. 13 if it will be illegal to make use of race-based actuarial tables, it should additionally be unlawful to make use of sex-based tables, at under Title VII a difference predicated on sex appears on a single footing as being a difference according to battle
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