ABA Family Legal Guide

Law and the Workplace

On the Job

Discrimination Based on Gender

Since actuary tables show that women live longer than men, can employers provide different retirement and pension plans for each sex?

No. The U.S. Supreme Court has held specifically that pension plans cannot discriminate based on sex. Thus, in defined contribution plans, an employer must contribute the same amount for both males and females. In defined benefit plans, both males and females must receive the same benefits.