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Fringe Benefits Equal Employment Opportunity Comm. § 1604.10 be unlawful unless based upon a bona fits for the wives of male employees fide occupational qualification. which are not made available for fe- male employees; or to make available § 1604.8 Relationship of title VII to the benefits to the husbands of female em- Equal Pay Act. ployees which are not made available (a) The employee coverage of the pro- for male employees. An example of hibitions against discrimination based such an unlawful employment practice on sex contained in title VII is coexten- is a situation in which wives of male sive with that of the other prohibitions employees receive maternity benefits contained in title VII and is not lim- while female employees receive no such ited by section 703(h) to those employ- benefits. ees covered by the Fair Labor Stand- (e) It shall not be a defense under ards Act. title VIII to a charge of sex discrimina- (b) By virtue of section 703(h), a de- tion in benefits that the cost of such fense based on the Equal Pay Act may benefits is greater with respect to one be raised in a proceeding under title sex than the other. VII. (f) It shall be an unlawful employ- (c) Where such a defense is raised the ment practice for an employer to have Commission will give appropriate con- a pension or retirement plan which es- sideration to the interpretations of the tablishes different optional or compul- Administrator, Wage and Hour Divi- sory retirement ages based on sex, or sion, Department of Labor, but will not which differentiates in benefits on the be bound thereby. basis of sex. A statement of the Gen- eral Counsel of September 13, 1968, pro- § 1604.9 Fringe benefits. viding for a phasing out of differentials (a) ‘‘Fringe benefits,’’ as used herein, with regard to optional retirement age includes medical, hospital, accident, for certain incumbent employees is life insurance and retirement benefits; hereby withdrawn. profit-sharing and bonus plans; leave; and other terms, conditions, and privi- § 1604.10 Employment policies relating leges of employment. to pregnancy and childbirth. (b) It shall be an unlawful employ- (a) A written or unwritten employ- ment practice for an employer to dis- ment policy or practice which excludes criminate between men and women from employment applicants or em- with regard to fringe benefits. ployees because of pregnancy, child- (c) Where an employer conditions birth or related medical conditions is benefits available to employees and in prima facie violation of title VII. their spouses and families on whether (b) Disabilities caused or contributed the employee is the ‘‘head of the house- to by pregnancy, childbirth, or related hold’’ or ‘‘principal wage earner’’ in the medical conditions, for all job-related family unit, the benefits tend to be purposes, shall be treated the same as available only to male employees and disabilities caused or contributed to by their families. Due to the fact that other medical conditions, under any such conditioning discriminatorily af- health or disability insurance or sick fects the rights of women employees, leave plan available in connection with and that ‘‘head of household’’ or ‘‘prin- employment. Written or unwritten em- cipal wage earner’’ status bears no re- ployment policies and practices involv- lationship to job performance, benefits ing matters such as the commence- which are so conditioned will be found ment and duration of leave, the avail- a prima facie violation of the prohibi- ability of extensions, the accrual of se- tions against sex discrimination con- niority and other benefits and privi- tained in the act. leges, reinstatement, and payment (d) It shall be an unlawful employ- under any health or disability insur- ment practice for an employer to make ance or sick leave plan, formal or in- available benefits for the wives and formal, shall be applied to disability families of male employees where the due to pregnancy, childbirth or related same benefits are not made available medical conditions on the same terms for the husbands and families of female and conditions as they are applied to employees; or to make available bene- other disabilities. Health insurance 197 VerDate Mar<15>2010 15:47 Jul 13, 2012 Jkt 226114 PO 00000 Frm 00207 Fmt 8010 Sfmt 8010 Q:\29\29V4 ofr150 PsN: PC150.
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