Congress has in recent years legislated directly upon the subject of unequal treatment of women in the job market.[9] Congress may well have decided that "[t] hese congressional reforms... have lessened the economic justification for the more favorable benefit computation formula in § 215 (b)(3)."

For cases in which courts have upheld social security and retirement benefit provisions according women more favorable benefit computation than men

Congress could establish benefit formulas more favorable to women to compensate for past wage discrimination against them.

Some courts, it must be acknowledged, have applied the Kahn reasoning in nontax contexts, and have found the general disparity between the economic capabilities of men and women significant enough to justify a varied catalog of statutes containing gender-based classifications

The more favorable treatment of the female wage earner enacted here was not a result of "archaic and overbroad generalizations" about women.

—sustained the validity of the benefits computation formula of the Social Security Act that permits women to use fewer years than similarly situated men to compute average monthly wage.

—social security provision permitting women to use fewer low-income years than men in computing monthly benefit is valid remedy for past economic discrimination

[CITATION] Social security claims and procedures

[CITATION] Text, cases and materials on sex-based discrimination

[CITATION] Sex discrimination and the law: Causes and remedies

[BOOK] United States Supreme Court Reports