[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: 29CFR1604.9]

[Page 197]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1604_GUIDELINES ON DISCRIMINATION BECAUSE OF SEX--Table of Contents
 
Sec.  1604.9  Fringe benefits.

    (a) ``Fringe benefits,'' as used herein, includes medical, hospital, 
accident, life insurance and retirement benefits; profit-sharing and 
bonus plans; leave; and other terms, conditions, and privileges of 
employment.
    (b) It shall be an unlawful employment practice for an employer to 
discriminate between men and women with regard to fringe benefits.
    (c) Where an employer conditions benefits available to employees and 
their spouses and families on whether the employee is the ``head of the 
household'' or ``principal wage earner'' in the family unit, the 
benefits tend to be available only to male employees and their families. 
Due to the fact that such conditioning discriminatorily affects the 
rights of women employees, and that ``head of household'' or ``principal 
wage earner'' status bears no relationship to job performance, benefits 
which are so conditioned will be found a prima facie violation of the 
prohibitions against sex discrimination contained in the act.
    (d) It shall be an unlawful employment practice for an employer to 
make available benefits for the wives and families of male employees 
where the same benefits are not made available for the husbands and 
families of female employees; or to make available benefits for the 
wives of male employees which are not made available for female 
employees; or to make available benefits to the husbands of female 
employees which are not made available for male employees. An example of 
such an unlawful employment practice is a situation in which wives of 
male employees receive maternity benefits while female employees receive 
no such benefits.
    (e) It shall not be a defense under title VIII to a charge of sex 
discrimination in benefits that the cost of such benefits is greater 
with respect to one sex than the other.
    (f) It shall be an unlawful employment practice for an employer to 
have a pension or retirement plan which establishes different optional 
or compulsory retirement ages based on sex, or which differentiates in 
benefits on the basis of sex. A statement of the General Counsel of 
September 13, 1968, providing for a phasing out of differentials with 
regard to optional retirement age for certain incumbent employees is 
hereby withdrawn.