[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1604.3]

[Page 195-196]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1604_GUIDELINES ON DISCRIMINATION BECAUSE OF SEX--Table of Contents
 
Sec.  1604.3  Separate lines of progression and seniority systems.

    (a) It is an unlawful employment practice to classify a job as 
``male'' or ``female'' or to maintain separate lines of progression or 
separate seniority lists based on sex where this would adversely affect 
any employee unless sex is a bona fide occupational qualification for 
that job. Accordingly, employment practices are unlawful which 
arbitrarily classify jobs so that:
    (1) A female is prohibited from applying for a job labeled ``male,'' 
or for a job in a ``male'' line of progression; and vice versa.

[[Page 196]]

    (2) A male scheduled for layoff is prohibited from displacing a less 
senior female on a ``female'' seniority list; and vice versa.
    (b) A Seniority system or line of progression which distinguishes 
between ``light'' and ``heavy'' jobs constitutes an unlawful employment 
practice if it operates as a disguised form of classification by sex, or 
creates unreasonable obstacles to the advancement by members of either 
sex into jobs which members of that sex would reasonably be expected to 
perform.