Into the bulk’s view, Title VII calls for a manager to adhere to certainly one of three courses.
An company must definitely provide unisex annuities itself, agreement with insurance vendors to produce such annuities, or offer no annuities to its workers. Ante, at 1091 (MARSHALL, J., concurring within the judgment to some extent). The very first choice is mainly illusory. Most companies don’t have either the money or administrative power to underwrite annuities. Or, like in this full instance, state legislation may avoid an manager from supplying annuities. If unisex annuities can be obtained, a boss might contract with personal insurance vendors to give them. It really is stipulated, nonetheless, that the insurance coverage businesses with which Arizona agreements try not to offer unisex annuities, nor do insurance providers generally underwrite them. The insurance coverage industry either is precluded by state legislation from doing so3 or it views mortality that is unisex as actuarially unsound. A boss, needless to say, may pick the 3rd choice. It merely may decline to supply its workers the ability to buy annuities at a significant taxation preserving.