Reverse Sex Discrimination: Manhart

The author addresses himself to the problems of sex discrimination in pensions. He contends that there have been fundamentai errors in the perceptions of those problems. Equality in pay-both of wages and of fringe benefits-requires equality in employer contributions, which produces actuarial equality in benefits. This is true for pensions, at least, both as a matter of statutory interpretation and as a matter of fundamental fairness, absent a compelling need that has not been and probably cannot be shown. He concludes that Manhart was wrongly decided but that in any event it should be given the narrowest possible interpretation and not be permitted to sire illegitimate progeny.