Assume the following facts:As a class, women live longer than men.For this reason, the Los Angeles Department of Water and Power requires its female employees to make larger contributions to its pension fund than its male employees.For many years, the Department has administered retirement, disability, and death benefit programs for its employees.Upon retirement, each employee is eligible for a monthly retirement benefit computed as a fraction of his or her salary multiplied by years of service.The monthly benefits for men and women of the same age, seniority, and salary are equal.Benefits are funded entirely by contributions from the employees in the Department, augmented by the income earned on those contributions.No private insurance company is involved in the administration or payment of anybenefits.

Based on a study of mortality tables and its own experience, the

Department determined that its 2,000 female employees on average

will live a few years longer than its 10,000 male employees.The cost

of pension for the average retired female is greater than for the

average retired male because more monthly payments must be made

to the average woman.The Department therefore requires female

employees to make monthly contributions to the fund which are

14.84% higher than the contributions required of comparable male

employees.Because employee contributions were withheld from

paychecks, a female employee took home less pay than a male

employee earning the same salary.

(a)As a female employee of the City of Los Angeles Department of

Water, explain a cthat can be made to substantiate a

suit under the Civil Rights Act of 1964.Is this a treatment or an

Impact case? Why?

(b)Assuming a prima facia case can be made, what defenses might

the City of Los Angeles Department of Water put forth to justify its

policy regarding of women in this case