"It's not discrimination against men to do something about the fact that women give birth to children. It's a fact of life. If men could carry the baby, if men could go through the nine months, if men could have the labor pain, you know, they also should have coverage for pregnancy. You're not discriminating against men; you're recognizing a fact of life: that women are different than men."
On the other side, the lawyer for the bank, Ted Olson, argues that special treatment for pregnancy is obviously discrimination, and that California companies risk being sued by one group of people if they follow federal law and by another group of people if they follow state law.
"The California law requires special treatment of pregnancy; the federal law requires equal treatment of pregnancy. An employer is entitled to know which law it must follow."
The fact is, though, that much of the California business community objects, most of all, to being told that it has to provide any disability leave. Here is Don Butler, President of the Merchants and Manufacturers Association, which is a party to this law suit.
"What we have to get back to, though, is who's going to set the disability leave policies. Is the federal government, is the state of California, or are we, the employers, going to set? You, the employee, have the choice of working for our company under the following conditions or working for another company under other conditions. And I believe that that was what built this country to be a great free enterprise system. And if we're going to legislate it, then we're going to destroy a lot of the incentives to ..."
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