At the same time that Ruth Bader Ginsburg was arguing the sex equality cases that we’re focusing on in this podcast, the Supreme Court also heard a number of pregnancy discrimination cases. In each case, the Burger Court struggled to see how pregnancy discrimination is a function of sex. In their minds, pregnancy is different. The pregnancy discrimination cases are an important piece of the puzzle in seeking to understand the ways in which the Burger Court advanced sex equality—and the ways that it didn’t.
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