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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 60-20.3 - Job policies and practices.

  • Section Number: 60-20.3
  • Section Name: Job policies and practices.

    (a) Written personnel policies relating to this subject area must 
expressly indicate that there shall be no discrimination against 
employees on account of sex. If the employer deals with a bargaining 
representative for his employees and there is a written agreement on 
conditions of employment, such agreement shall not be inconsistent with 
these guidelines.
    (b) Employees of both sexes shall have an equal opportunity to any 
available job that he or she is qualified to perform, unless sex is a 
bona fide occupational qualification.

    Note: In most Government contract work there are only limited 
instances where valid reasons can be expected to exist which would 
justify the exclusion of all men or all women from any given job.

    (c) The employer must not make any distinction based upon sex in 
employment opportunities, wages, hours, or other conditions of 
employment. In the area of employer contributions for insurance, 
pensions, welfare programs and other similar ``fringe benefits'' the 
employer will not be considered to have violated these guidelines if his 
contributions are the same for men and women or if the resulting 
benefits are equal.
    (d) Any distinction between married and unmarried persons of one sex 
that is not made between married and unmarried persons of the opposite 
sex will be considered to be a distinction made on the basis of sex. 
Similarly, an employer must not deny employment to women with young 
children unless it has the same exclusionary policies for men; or 
terminate an employee of one sex in a particular job classification upon 
reaching a certain age unless the same rule is applicable to members of 
the opposite sex.
    (e) The employer's policies and practices must assure appropriate 
physical facilities to both sexes. The employer may not refuse to hire 
men or women, or deny men or women a particular job because there are no 
restroom or associated facilities, unless the employer is able to show 
that the construction of the facilities would be unreasonable for such 
reasons as excessive expense or lack of space.
    (f)(1) An employer must not deny a female employee the right to any 
job that she is qualified to perform in reliance upon a State 
``protective'' law. For example, such laws include those which prohibit 
women from performing in certain types of occupations (e.g., a bartender 
or a core-maker); from working at jobs requiring more than a certain 
number of hours; and from working at jobs that require lifting or 
carrying more than designated weights.
    (2) Such legislation was intended to be beneficial, but, instead, 
has been found to result in restricting employment opportunities for men 
and/or women. Accordingly, it cannot be used as a basis for denying 
employment or for establishing sex as a bona fide occupational 
qualification for the job.
    (g)(1) Women shall not be penalized in their conditions of 
employment because they require time away from work on account of 
childbearing. When, under the employer's leave policy the female 
employee would qualify for leave, then childbearing must be considered 
by the employer to be a justification for leave of absence for female 
employees for a reasonable period of time. For example, if the female 
employee meets the equally applied minimum length of service 
requirements for leave time, she must be granted a reasonable leave on 
account of childbearing. The conditions applicable to her leave (other 
than the length thereof) and to her return to employment, shall be in 
accordance with the employer's leave policy.
    (2) If the employer has no leave policy, childbearing must be 
considered by the employer to be a justification for a leave of absence 
for a female employee for a reasonable period of time. Following 
childbirth, and upon signifying her intent to return within a reasonable 
time, such female employee shall be reinstated to her original job or to 
a position of like status and pay, without loss of service credits.
    (h) The employer must not specify any differences for male and 
female employees on the basis of sex in either mandatory or optional 
retirement age.
    (i) Nothing in these guidelines shall be interpreted to mean that 
differences in capabilities for job assignments do not exist among 
individuals and that such distinctions may not be recognized by the 
employer in making specific assignments. The purpose of these guidelines 
is to insure that such distinctions are not based upon sex.
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