The second clause of the PDA says pregnant women must be treated the same “as other persons . . . similar in their ability or inability to work.” A recurring theme in the argument was the justices trying to decipher which “other persons” pregnant women were being compared to.

In this exchange, Justice Breyer poses hypothetical questions to decide where to draw a line. Bagenstos argues that when a benefit is offered to large groups of employees, it must be offered to pregnant women as well.