No Pay for Pregnancy

Six federal courts of appeals had already addressed the question, and all agreed: employers who excluded pregnancy from disability insurance programs violated Title VII of the Civil Rights Act of 1964 and were guilty of sex discrimination. Last week the Supreme Court rejected that conclusion, voting 6 to 3 that companies do not discriminate merely because they decline to compensate employees unable to work because of pregnancy. On behalf of the majority, Justice William Rehnquist pointed out that such plans are "nothing more than an insurance package, which covers some risks, but excludes others." Rehnquist also cited the lower court's finding that pregnancy is not a "disease" and is often voluntarily undertaken.

The controversy arose at a General Electric plant in Salem, Va., where seven women filed suit in 1972, charging that GE's refusal to grant disability benefits for pregnancy discriminated against female workers and thus violated Title VII. The company maintained that its policy had nothing to do with sex discrimination; GE said it just could not afford a disability insurance plan covering pregnancy.

The Supreme Court's ruling was an elaboration of its decision in a 1974 case, rejecting a similar claim that a California state program that excluded pregnancy compensation was a violation of the equal protection clause of the 14th Amendment. Civil liberties lawyers believed, however, that regardless of any constitutional issue, the Civil Rights Act's specific ban on sex discrimination in employment practices would cover pregnancy. Not so, the Supreme Court ruled last week.

"We are outraged," protested Nicol Burton of the National Organization for Women. "The Supreme Court has legalized sex discrimination," agreed Susan Ross of the American Civil Liberties Union Foundation. The court's decision does not rule out new legislation on the issue, however, and feminist leaders now plan to lobby for action from Congress. A number of them added another observation--that the Supreme Court could use a good woman on the bench.

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