skip navigational linksDOL Seal - Link to DOL Home Page
Photos representing the workforce - Digital Imagery© copyright 2001 PhotoDisc, Inc.

Previous Section

Content Last Revised:

Next Section


Code of Federal Regulations Pertaining to ESA

Title 41  

Public Contracts and Property Management


Chapter 60  

Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor



Part 60-20  

Sex Discrimination Guidelines

41 CFR 60-20.5 - Discriminatory wages.

  • Section Number: 60-20.5
  • Section Name: Discriminatory wages.

    (a) The employer's wages schedules must not be related to or based 
on the sex of the employees.

    Note: The more obvious cases of discrimination exist where employees 
of different sexes are paid different wages on jobs which require 
substantially equal skill, effort and responsibility and are performed 
under similar working conditions.

    (b) The employer may not discriminatorily restrict one sex to 
certain job classifications. In such a situation, the employer must take 
steps to make jobs available to all qualified employees in all 
classifications without regard to sex. (Example: An electrical 
manufacturing company may have a production division with three 
functional units: One (assembly) all female; another (wiring), all male; 
and a third (circuit boards), also all male. The highest wage attainable 
in the assembly unit is considerably less than that in the circuit board 
and wiring units. In such a case the employer must take steps to provide 
qualified female employees opportunity for placement in job openings in 
the other two units.)
    (c) To avoid overlapping and conflicting administration the Director 
will consult with the Administrator of the Wage and Hour Administration 
before issuing an opinion on any matter covered by both the Equal Pay 
Act and Executive Order 11246, as amended.
Previous Section

Next Section

Phone Numbers