[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1620.15]

[Page 316]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1620_THE EQUAL PAY ACT--Table of Contents
 
Sec. 1620.15  Jobs requiring equal skill in performance.

    (a) In general. The jobs to which the equal pay standard is 
applicable are jobs requiring equal skill in their performance. Where 
the amount or degree of skill required to perform one job is 
substantially greater than that required to perform another job, the 
equal pay standard cannot apply even though the jobs may be equal in all 
other respects. Skill includes consideration of such factors as 
experience, training, education, and ability. It must be measured in 
terms of the performance requirements of the job. If an employee must 
have essentially the same skill in order to perform either of two jobs, 
the jobs will qualify under the EPA as jobs the performance of which 
requires equal skill, even though the employee in one of the jobs may 
not exercise the required skill as frequently or during as much of his 
or her working time as the employee in the other job. Possession of a 
skill not needed to meet the requirements of the job cannot be 
considered in making a determination regarding equality of skill. The 
efficiency of the employee's performance in the job is not in itself an 
appropriate factor to consider in evaluating skill.
    (b) Comparing skill requirements of jobs. As a simple illustration 
of the principle of equal skill, suppose that a man and a woman have 
jobs classified as administrative assistants. Both jobs require them to 
spend two-thirds of their working time facilitating and supervising 
support-staff duties, and the remaining one-third of their time in 
diversified tasks, not necessarily the same. Since there is no 
difference in the skills required for the vast majority of their work, 
whether or not these jobs require equal skill in performance will depend 
upon the nature of the work performed during the latter period to meet 
the requirements of the jobs.