Episode 3: 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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“Pregnancy is Different “ made a step further for me in grasping the notion that efforts at protecting women have often served actually to harm the equality of women. Even in my well intended advice to my daughters and granddaughters that they deserve the same opportunities and compensation as my sons, I am not certain I have truly grasped the harm too much “protection” can do in limiting that very sentiment. Thank you! Looking forward to the next podcast!