ABSTRACT
This chapter focuses on the formulas developed thus far are further refined in order to take subjective merit into account. The claimant in Dothard v. Rawlinson must stake out a middle position between two extremes. She need not assert that women and men are equal for all purposes, but only with respect to the specific treatment at issue–competence to serve as a guard. The claimant argues that her commensurate ability to perform the requisite tasks suffices to establish sexual equality for purposes of hiring prison guards. Under the original 1964 Food Stamp Act, the term "household" had been defined to encompass both related and non-related individuals. For the government, the increased risk of fraud comported by the class of "households containing two or more unrelated individuals" entailed an objective inequality of that class vis-à-vis the class of "households containing only related individuals."
