geduldig aiello argued march decided june california disability insurance system private employees temporarily disabled working injury illness covered workmen compensation employee contributes unemployment compensation disability fund one percent salary annual maximum disability lasting less eight days compensable except employee hospitalized benefits payable single disability exceeding weeks disability resulting individual commitment dipsomaniac drug addict sexual psychopath compensable certain disabilities attributable pregnancy appellees four women otherwise qualified program suffered employment disability pregnancies one normal challenged pregnancy exclusion district upheld contention exclusion violated equal protection clause denied motion reconsider based state appellate ruling appellant administers program acquiesced confining exclusion normal pregnancies california program terms level benefits risks insured structured maintain solvency disability fund annual level contribution district acknowledged coverage disabilities resulting normal pregnancies entail substantial additional expense concluded increased cost accommodated adjustments rate employee contribution maximum benefits payable variables affecting solvency program held appellate ruling administrative guidelines excluding normal pregnancies mooted case three appellees abnormal pregnancies whose claims paid pp california decision insure program risk disability resulting normal pregnancy constitute invidious discrimination violative equal protection clause program discriminate respect persons groups eligible protection evidence discriminates definable group class terms aggregate risk protection derived program sole contention asserted underinclusiveness program coverage result exclusion disabilities resulting normal pregnancy state required equal protection clause sacrifice nature program reduce benefits payable covered disabilities increase maximum employee contribution rate provide protection another risk disability normal pregnancy equal protection clause require state must choose attacking every aspect problem attacking problem dandridge williams pp stewart delivered opinion burger white blackmun powell rehnquist joined brennan filed dissenting opinion douglas marshall joined post joanne condas deputy attorney general california argued cause appellant briefs evelle younger attorney general elizabeth palmer assistant attorney general wendy williams argued cause appellees briefs peter hart weiner roland davis victor van bourg briefs amici curiae urging reversal filed milton smith gerard smetana lawrence ehrlich jerry kronenberg chamber commerce ronald zumbrun raymond momboisse pacific legal foundation richard godown myron hill national association manufacturers willard carr merchants manufacturers assn mark garlinghouse james hutchinson american telephone telegraph theophil kammholz stanley strauss john battle robert brame iii general electric briefs amici curiae urging affirmance filed joseph eddins beatrice rosenberg equal employment opportunity commission ruth bader ginsburg melvin wulf american civil liberties union et al albert woll laurence gold thomas harris american federation labor congress industrial organization winn newman ruth weyand international union electrical radio machine workers joseph onek women equity action league et al harry rand physicians forum justice stewart delivered opinion almost years california administered disability insurance system pays benefits persons private employment temporarily unable work disability covered workmen compensation appellees brought action challenge constitutionality provision california program defining disability excludes coverage certain disabilities resulting pregnancy appellees sought enjoin enforcement state statute convened pursuant appellees motion summary judgment district divided vote held provision disability insurance program violates equal protection clause fourteenth amendment therefore enjoined continued enforcement supp district denied motion stay judgment pending appeal appellant thereupon filed similar motion granted subsequently noted probable jurisdiction appeal california disability insurance system funded entirely contributions deducted wages participating employees participation program mandatory unless employees protected voluntary private plan approved state employee required contribute one percent salary annual maximum contributions placed unemployment compensation disability fund established administered special trust fund within state treasury disability fund benefits program paid individual eligible disability benefits base period prior disability contributed one percent minimum income disability fund event suffers compensable disability individual receive weekly benefit amount depending amount earned highest quarter base period benefits paid eighth day disability unless employee hospitalized case benefits commence first day hospitalization addition weekly benefit amount hospitalized employee entitled receive additional benefits per day hospitalization weekly benefit amounts one disability payable weeks long total amount paid exceed wages received base period additional benefits one disability paid maximum days return contribution disability fund individual employee insured risk disability stemming substantial number mental physical illness es mental physical injur ies cal unemp ins code every disabling condition however triggers obligation pay benefits program already noted example disability less eight days duration compensable except employee hospitalized conversely benefits payable single disability beyond weeks disability compensable results individual commitment dipsomaniac drug addict sexual psychopath finally unemployment insurance code excludes coverage certain disabilities attributable pregnancy provision issue present case appellant director california department human resources development responsible administration state disability insurance program appellees four women paid sufficient amounts disability fund eligible benefits program appellees became pregnant suffered employment disability result pregnancy respect three appellees carolyn aiello augustina armendariz elizabeth johnson disabilities attributable abnormal complications encountered pregnancies fourth jacqueline jaramillo experienced normal pregnancy sole cause disability times relevant case unemployment insurance code provided disability disabled includes mental physical illness mental physical injury individual shall deemed disabled day physical mental condition unable perform regular customary work case shall term disability disabled include injury illness caused arising connection pregnancy termination pregnancy period days thereafter emphasis added shortly district decision case california appeal suit brought woman suffered ectopic pregnancy held bar payment benefits account disability results medical complications arising pregnancy rentzer unemployment insurance appeals board cal app cal rptr state construed statute preclude payment benefits disability accompanying normal pregnancy appellant acquiesced construction issued administrative guidelines exclude payment maternity benefits hospitalization disability benefits normal delivery recuperation although rentzer decided days district decision case apparently opportunity call attention appellant therefore asked reconsider decision light construction california appeal given rentzer case divided vote denied motion reconsideration although definitive ruling surely preferable interpret district denial appellant motion determination decision affected limiting construction given rentzer rentzer decision revised administrative guidelines resulted appellees aiello armendariz johnson whose disabilities attributable causes normal pregnancy delivery became entitled benefits disability insurance program claims since paid respect appellee jaramillo however whose disability stemmed solely normal pregnancy childbirth continues bar payment benefits evident jaramillo continues live controversy appellant validity claims appellees mooted change rentzer worked construction application provision thus issue appeal whether california disability insurance program invidiously discriminates jaramillo others similarly situated paying insurance benefits disability accompanies normal pregnancy childbirth ii clear california intended establish benefit system insurance program function essentially accordance insurance concepts since program instituted totally never drawing general state revenues finance disability hospital benefits disability fund wholly supported one percent wages annually contributed participating employees oral argument counsel appellant informed us recent years revenue disability fund paid disability hospital benefits history strongly suggests contribution rate addition easily computable bears close substantial relationship level benefits payable disability risks insured program years california demonstrated strong commitment increase contribution rate level state sought provide broadest possible disability protection affordable employees including low incomes larger percentage flat rate contribution impose increasingly regressive levy bearing heavily upon lowest incomes state resisted attempt change required contribution level program thus structured terms level benefits risks insured maintain solvency disability fund annual level contribution ordering state pay benefits disability accompanying normal pregnancy delivery district acknowledged state contention coverage disabilities extraordinarily expensive impossible maintain program supported employee contributions disabilities included considerable disagreement parties respect great increased costs actually clearly substantial purposes analysis district accepted state estimate excess million annually stated clear including disabilities destroy program increased costs accommodated quite easily making reasonable changes contribution rate maximum benefits allowable variables affecting solvency program ibid variables benefit level deemed appropriate compensate employee disability risks selected insured program contribution rate chosen maintain solvency program time permit employees participate minimal personal sacrifice represents policy determination state essential issue case whether equal protection clause requires policies sacrificed compromised order finance payment benefits whose disability attributable normal pregnancy delivery agree exclusion disability coverage amounts invidious discrimination equal protection clause california discriminate respect persons groups eligible disability insurance protection program classification challenged case relates asserted underinclusiveness set risks state selected insure although california created program insure risks employment disability chosen insure risks decision reflected level annual contributions exacted participating employees held consistently equal protection clause state may take one step time addressing phase problem seems acute legislative mind legislature may select one phase one field apply remedy neglecting others williamson lee optical jefferson hackney particularly respect social welfare programs long line drawn state rationally supportable courts interpose judgment appropriate stopping point equal protection clause require state must choose attacking every aspect problem attacking problem dandridge williams district suggested moderate alterations regarded variables disability insurance program made accommodate substantial expense required include normal pregnancy within program protection said however respect expensive class disabilities excluded coverage disabilities equal protection clause thought compel disability payments normal pregnancy hard perceive also compel payments disabilities suffered participating employees evident totally comprehensive program substantially costly present program inevitably require state subsidy higher rate employee contribution lower scale benefits suffering insured disabilities combination measures nothing constitution however requires state subordinate compromise legitimate interests solely create comprehensive social insurance program already state legitimate interest maintaining nature insurance program similarly interest distributing available resources way keep benefit payments adequate level disabilities covered rather cover disabilities inadequately finally california legitimate concern maintaining contribution rate level unduly burden participating employees particularly employees may need disability insurance policies provide objective wholly basis state decision create comprehensive insurance program evidence record selection risks insured program worked discriminate definable group class terms aggregate risk protection derived group class program risk men protected women likewise risk women protected men appellee simply contends although received insurance protection equivalent provided participating employees suffered discrimination encountered risk outside program protection reasons stated hold contention valid one equal protection clause fourteenth amendment stay heretofore issued vacated judgment district reversed footnotes cal unemp ins code provision amended effective july provide maximum weekly benefit amount section provides formula determining whether disabling condition intermittent one disability one disability purposes applying limitations maximum amount benefits payable sections contain various factors disqualify employee receiving benefits relate matters nature disabling condition effective july department human resources development renamed department employment development see cal unemp ins code et seq aiello johnson suffered ectopic tubal pregnancies respectively required surgery terminate pregnancies armendariz suffered miscarriage earlier decision appeal sustained equal protection challenge female employee suffered disability result normal pregnancy delivery clark california employment stabilization cal app section later amended new added order clearly reflect interpretation two sections provide follows disability disabled includes mental physical illness mental physical injury extent specified section pregnancy individual shall deemed disabled day physical mental condition unable perform regular customary work benefits relating pregnancy shall paid part accordance following disability benefits shall paid upon doctor certification claimant disabled abnormal involuntary complication pregnancy including limited puerperal infection eclampsia caesarian section delivery ectopic pregnancy toxemia disability benefits shall paid upon doctor certification condition possibly arising pregnancy disable claimant without regard pregnancy including limited anemia diabetes embolism heart disease hypertension phlebitis phlebothrombosis pyelonephritis thrombophlebitis vaginitis varicose veins venous thrombosis message state legislature proposing creation program governor earl warren stated possible employees obtain private insurance companies protection loss wages salary sickness adequately cheaply protection obtained diverting present per cent contribution support disability benefits program california senate journal section unemployment insurance code vests governor appellant authority modify payment benefits increase waiting time eligibility steps necessary forestall insolvency disability fund neither governor appellant authorized increase contribution rate circumstances appellant estimate increased cost including normal pregnancy within insured risks varied million million annually increase present amount benefits paid program hand appellee contends increased cost million annually increase present expenditures said disabilities continuing beyond weeks dissenting opinion contrary case thus far cry cases like reed reed frontiero richardson involving discrimination based upon gender california insurance program exclude anyone benefit eligibility gender merely removes one physical condition pregnancy list compensable disabilities true women become pregnant follow every legislative classification concerning pregnancy classification like considered reed supra frontiero supra normal pregnancy objectively identifiable physical condition unique characteristics absent showing distinctions involving pregnancy mere pretexts designed effect invidious discrimination members one sex lawmakers constitutionally free include exclude pregnancy coverage legislation reasonable basis respect physical condition lack identity excluded disability gender insurance program becomes clear upon cursory analysis program divides potential recipients two groups pregnant women nonpregnant persons first group exclusively female second includes members sexes fiscal actuarial benefits program thus accrue members sexes indeed appellant submitted district data indicated annual claim rate annual claim cost greater women men district acknowledged women contribute percent total disability insurance fund receive back percent fund benefits supp several amici curiae represented similar experience private disability insurance programs justice brennan justice douglas justice marshall join dissenting relying upon dandridge williams jefferson hackney today rejects appellees equal protection claim upholds exclusion disabilities coverage california disability insurance program ground legislative classification rationally promotes state legitimate interests maintaining nature insurance program distributing available resources way keep benefit payments adequate level disabilities covered maintaining contribution rate level unduly burden participating employees ante believe reed reed frontiero richardson mandate stricter standard scrutiny state classification fails satisfy respectfully dissent california disability insurance program enacted supplement state unemployment insurance workmen compensation programs providing benefits wage earners cushion economic effects income loss medical expenses resulting sickness injury legislature intent enacting program expressed clearly unemployment insurance code purpose part compensate part wage loss sustained individuals unemployed sickness injury reduce minimum suffering caused unemployment resulting therefrom part shall construed liberally aid declared purpose mitigate evils burdens fall unemployed disabled worker family despite code broad goals scope coverage compensation denied disabilities suffered connection normal pregnancy disabilities suffered women cal unemp ins code supp disabilities caused pregnancy however like physically disabling conditions covered code require medical care often include hospitalization anesthesia surgical procedures may involve genuine risk life moreover economic effects caused disabilities functionally indistinguishable effects caused disability wages lost due physical inability work medical expenses incurred delivery child postpartum care view singling less favorable treatment disability peculiar women state created double standard disability compensation limitation imposed upon disabilities women workers may recover men receive full compensation disabilities suffered including affect primarily sex prostatectomies circumcision hemophilia gout effect one set rules applied females another males dissimilar treatment men women basis physical characteristics inextricably linked one sex inevitably constitutes sex discrimination conclusion reached equal employment opportunity commission federal agency charged enforcement title vii civil rights act amended equal employment opportunity act et seq supp ii prohibits employment discrimination basis sex guidelines issued pursuant title vii designed prohibit disparate treatment pregnancy disabilities employment context eeoc declared disabilities caused contributed pregnancy miscarriage abortion childbirth recovery therefrom purposes temporary disabilities treated health temporary disability insurance sick leave plan available connection employment written unwritten employment policies practices involving matters commencement duration leave availability extensions accrual seniority benefits privileges reinstatement payment health temporary disability insurance sick leave plan formal informal shall applied disability due pregnancy childbirth terms conditions applied temporary disabilities cfr join apparent retreat continue adhere view classifications based upon sex like classifications based upon race alienage national origin inherently suspect must therefore subjected strict judicial scrutiny frontiero richardson supra case state employs legislative classification distinguishes beneficiaries solely reference disability risks free sustain statute ground rationally promotes legitimate governmental interests rather suspect classifications sustained state bears burden demonstrating challenged legislation serves overriding compelling interests achieved either carefully tailored legislative classification use feasible less drastic means kahn shevin brennan dissenting state clearly failed meet burden present case essence state justification excluding disabilities caused normal pregnancy disability compensation scheme covering disabilities costly sure presently funded inclusion normal pregnancies substantially costly present program ante present level benefits insured disabilities maintained without increasing employee contribution rate raising lifting yearly contribution ceiling securing state subsidies whatever role monetary considerations may play traditional equal protection analysis state interest preserving fiscal integrity disability insurance program simply render state use suspect classification constitutional state valid interest preserving fiscal integrity programs state may accomplish purpose invidious distinctions classes citizens saving welfare costs justify otherwise invidious classification shapiro thompson thus statutory classification subject strict judicial scrutiny state must show denying benefits excluded class saves money memorial hospital maricopa county see also graham richardson moreover california legitimate interest fiscal integrity easily achieved variety less drastic sexually neutral means district observed even using state estimate cost expanding program include disabilities however clear including disabilities destroy program increased costs accommodated quite easily making reasonable changes contribution rate maximum benefits allowable variables affecting solvency program example entire cost increase estimated defendant met requiring workers contribute additional amount approximately percent salary increasing maximum annual contribution supp employee must contribute one percent annual wages exceeding total contribution per year calendar year thereafter cal unemp ins code ceiling wages subject contribution rate course introduces regressive element contribution scheme perhaps recognition fact disability benefits schedule designed grant proportionately greater benefits poorly paid workers california deliberately decided classify employees basis actuarial data thus contribution rate particular group employees tied group predicted rate disability claims supp code technically excludes coverage individuals commitment dipsomania drug addiction sexual psychopathy cal unemp ins code informed deputy attorney general california oral argument commitment disabilities fairly archaic practice unrealistic say constitute valid exclusions tr oral arg march american college obstetricians gynecologists adopted following policy statement disabilities pregnancy physiological process pregnant patients however variable degree disability individual basis indicated time unable perform usual activities uncomplicated pregnancy disability occurs near termination pregnancy labor delivery puerperium process labor puerperium disabling usual duration disability approximately six eight weeks complications pregnancy may occur give rise disability examples complications include toxemia infection hemorrhage ectopic pregnancy abortion woman disease disabling may become disabled addition pregnancy certain patients heart disease diabetes hypertensive cardiovascular disease renal disease systemic conditions may become disabled pregnancy adverse effect pregnancy upon conditions onset termination cause disability related pregnancy determined physician brief appellees nearly women work necessity either unmarried husbands earn less per year see department labor women bureau women work rev ed department labor employment standards administration myth reality may moreover recognized kahn shevin data compiled women bureau department labor show woman working full time median income median males figure actually six points lower achieved omitted commission carefully scrutinized employer practices crucial impact women substantial period time issued guidelines became increasingly apparent systematic pervasive discrimination women frequently found employers denial employment opportunity benefits women basis childbearing role performed solely women brief equal employment opportunity commission amicus curiae see also proposed sex discrimination guidelines issued department labor pursuant exec order virtually adopting eeoc disabilities guideline fed reg proposed cfr however important remember especially cost context employee paid regular pay disabled collect disability pay therefore follows alleged financial burden state greatly diminished employers adhere title vii treat disabilities disabilities allowing women use accumulated sick leave possibly annual leave well brief equal employment opportunity commission amicus curiae similarly eeoc guidelines discrimination sex shall defense title viii charge sex discrimination benefits cost benefits greater respect one sex cfr