[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1620.25]

[Page 303]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1620--THE EQUAL PAY ACT--Table of Contents
 
Sec. 1620.25  Equalization of rates.

    Under the express terms of the EPA, when a prohibited sex-based wage 
differential has been proved, an employer can come into compliance only 
by raising the wage rate of the lower paid sex. The rate-reduction 
provision of the EPA prohibits an employer from attempting to cure a 
violation by hiring or transferring employees to perform the previously 
lower-paid job at the lower rate. Similarly, the departure of the higher 
paid sex from positions where a violation occurred, leaving only members 
of the lower paid sex being paid equally among themselves, does not cure 
the EPA violations.