Once we noticed in Manhart, “actuarial studies could unquestionably…

Once we noticed in Manhart, “actuarial studies could unquestionably…

Even as we noticed in Manhart, “actuarial studies could unquestionably recognize variations in life span centered on battle or origin that is national in addition to intercourse. ” Id., at 709, 98 S. Ct., at 1376 (footnote omitted). If petitioners’ interpretation regarding the statute had been proper, such studies could possibly be utilized as a reason for having to pay workers of just one battle reduced month-to-month advantages than workers of some other battle. We continue steadily to think that “a statute that has been built to make battle unimportant into the work market, ” ibid., citing Griggs v. Duke energy Co., 401 U.S. 424, 436, 91 S. Ct. 849, 856, 28 L. Ed. 2d 158 (1971), could perhaps perhaps not fairly be construed allowing this type of racial category. And unless it falls within certainly one of a couple of slim exceptions which are clearly inapplicable here. 13 if it will be illegal to make use of race-based actuarial tables, it should additionally be unlawful to make use of sex-based tables, at under Title VII a distinction centered on sex appears on the same footing being a difference centered on race