Code of Federal Regulations · Section

§ 1620.22 — Employment Cost Not A “factor Other Than Sex.”

29 C.F.R. § 1620.22

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A wage differential based on claimed differences between the average cost of employing workers of one sex as a group and the average cost of employing workers of the opposite sex as a group is discriminatory and does not qualify as a differential based on any “factor other than sex,” and will result in a violation of the equal pay provisions, if the equal pay standard otherwise applies.

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