"But basically you don't want to be told to have a disability policy at all."

　　"Right."

　　In the Supreme Court this morning, perhaps the pivotal question was asked by Justice Louis Powell, who posed a hypothetical situation to California Deputy Attorney General Marion Johnston. "Let assume, " said Jusstice Powell, "that a man and a woman in the same company leave their jobs on the same day: he, because he is ill; she, because she's about to have a child. And they return on the same day, but under the California law she gets her job back and he does not. Is that fair?" asks Justice Powell. Lawyer Johnston responded, "It may not be fair, but it's legal. California law," she said, "simply requires that employers treat all their employees, men and women, in the same way with respect to pregnancy. But, since men don't get pregnant, they don't get the time off." A decision in the California case is not expected until next year. I'm Nina Totenberg in Washingtom.

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