(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.
