Wood

Janet Wood (“Wood”) brought suit under Title VII of the Civil Rights Act of 1964, alleging that the surviving spouse benefit provided by the City of San Diego (“the City”) to its retired employees discriminates on the basis of sex. The district court dismissed Wood’s disparate treatment and disparate impact claims and entered judgment in favor of the City. We affirm.

I.

Wood retired in 2005 after over thirty-two years as an employee of the City. Like all City employees, Wood participated in the City’s defined benefit pension plan, which is administered by the San Diego City Employee Retirement System (“SDCERS”). City employees are required to contribute a percentage of their salary to their pensions, see San Diego Municipal Code (“SDMC”) § 24.0104(a), and the City is required to make “substantially equal” contributions. San Diego City Charter art. IX, § 143. City employees are also required to contribute a percentage of their salary to fund survivor benefits as well as their pensions. SDMC § 24.0601. Pension contributions and benefits are calculated by ordinance and are neutral with respect to sex (the characteristic relevant to this case). See SDMC §§ 24.0201,…