Petitioners also emph size that a worker taking part in the Arizona plan can elect to get a lump-sum payment upon your your your retirement and then “purchase the largest advantages which his or her accumulated efforts could command on view market. ” The fact the lump-sum option permits it has no bearing, nevertheless, on whether petitioners have actually discriminated as a result of intercourse in providing an annuity substitute for its workers. Once we have actually described above, ante, at note 10, it really is no protection to discrimination into the supply of the fringe benefit that another fringe advantage is provided for a nondiscriminatory foundation.

Although petitioners contended in the Court of Appeals that their conduct had been exempted through the reach of Title VII by the McCarran-Ferguson Act, 59 Stat. 33, as amended, 15 U.S.C. § 1011 et seq., no mention has been made by them for the Act either in their petition for certiorari or their brief in the merits. “Only within the many cases that are exceptional we start thinking about dilemmas maybe maybe maybe not raised within the petition, ” Stone v. Powell, 428 U.S. 465, 481, n. 15, 96 S. Ct. 3037, 3046, n. 15, 49 L. Ed. 2d 1067 (1976); see Sup. Ct.R. 21(a), and however for the conversation regarding the relevant question by Justice POWELL we might have observed no explanation to handle a contention that petitioners intentionally thought we would abandon after it had been refused by the Court of Appeals.