Wood v. City of San Diego, et al., No. 10-56826 (9th Cir. 2012)
Annotate this CasePlaintiff brought suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., alleging that the surviving spouse benefit provided by the city to its retired employees discriminated on the basis of sex. Plaintiff's theory of liability was that because, in the aggregate, the city paid a larger amount of money to the married retirees who selected the surviving spouse benefits than it did to single retirees who did the same, and male retirees were more likely to be married, the surviving spouse benefit had an unlawful disparate impact on female retirees. The court affirmed the district court's dismissal of plaintiff's disparate treatment claim because she failed to allege intentional discrimination and affirmed the dismissal of plaintiff's disparate impact claim because, even assuming she had Article III stand, her claim failed as a matter of law.
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