Petitioners also emph size that a worker taking part in the Arizona plan can elect to get a lump-sum payment upon your your your retirement and then «purchase the largest benefits which their accumulated contributions could command in the great outdoors market. » The fact the lump-sum option permits it has no bearing, nonetheless, on whether petitioners have discriminated due to intercourse in providing an annuity substitute for its workers. Once we have actually described above, ante, at note 10, it really is no protection to discrimination when you look at the supply of the fringe advantage that another fringe advantage is provided for a nondiscriminatory foundation.
Although petitioners contended in the Court of Appeals that their conduct ended up being exempted through the reach of Title VII by the McCarran-Ferguson Act, 59 Stat. 33, as amended, 15 U.S.C. § 1011 et seq., no mention has been made by them for the Act in a choice of their petition for certiorari or their brief regarding the merits. «Only within the many cases that are exceptional we start thinking about problems maybe not raised within the petition, » Stone v. Powell, 428 U.S. 465, 481, n. 15, 96 S. Ct. 3037, 3046, n. 15, 49 L. Читать далее «The statute pertains to companies and agent that is»any of a boss. 42 U.S.C. § 2000e(b).»