Assume the following facts: As a class, women live longer than men. For this reason, the LA Department of Water and Power requires 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 benefits 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 any benefits. 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 women. The Department therefore requires female employees to make monthly contributions to the fund which are 14.84% higher than the contributions required of comparable make employees. Because employee contributions were withheld from paychecks, a female employee took home less pay than a male employee earning the same salary.
1) As a female employee of the CIty of LA Department of water, explain a prima facia case that can be made to substantiate a suit under the Civil RIghts Act of 1964. Is this a treatment, or an impact case? Why?
2) Assuming a prima facia case an be made, what defenses might the city of LA Department of water put forth to justify its policy regarding of women in this case?
3) pretending that you are judge on the panel deciding an action under the civil rights act of 1964 with the above facts, would you determine the policy of the city of LA Department of water to be in violation of the Civil RIghts Act of 1964? Explain you answer