PASADENA, Calif. - A former California city employee failed to show that surviving spouse benefits provided to retired employees are discriminatory based on gender, the Ninth Circuit U.S. Court of Appeals ruled May 9, upholding a lower court ruling (Janet M. Wood, et al. v. City of San Diego, et al., No. 10-56826, 9th Cir.; 2012 U.S. App. LEXIS 9418).