29 C.F.R. § 1604.1 Page 1 29 C.F.R. § 1604.1 Page 1 ... Sex Reg.pdf · at the bona fide...

Page 1

n Reuters No Claim to Orig US Gov Works

fective[See Text Amendments]

rentness

ting to Laborployment Opportunity Commission on Discrimination Because of Sex (Refs amp Annos)

inciples

ldquoemployersrdquo in this Part 1604 state principles that are applicable labor organizations and to employment agencies insofar as their affect employment opportunities

xpressed in prior Commission pronouncements are inconsistentuch prior views are hereby overruled

to consider particular problems relating to sex discrimination on

972 unless otherwise noted

tat265 42 USC 2000endash12

78 FR 53369

Comment [J1] Included in new Chapter 3

Comment [J2] Not included in new Chapter 3


29 CFR sect 16041 Page 1

copy 2013 Thoms

E

Code of Federal Regulations CTitle 29 Labor

Subtitle B Regulations RelChapter XIV Equal

Part 1604 Guidelines s)

sect 16041 General p

(a) References to ldquoemployerrdquo or t are applicablenot only to employers but also t s insofar as theiraction or inaction may adversely

(b) To the extent that the views are inconsistentwith the views expressed herei

(c) The Commission will conti scrimination ona case-by-case basis

SOURCE 37 FR 6836 April

AUTHORITY Sec 713(b)

29 C F R sect 16041 29 CFR

Current through August

copy 2013 Thomson ReutersEND OF DOCUMENT

Comment [J1] Included in new Chapter 3



29 CFR sect 16041

copy 2013 Thomson Reuters No Claim to Orig US Gov Works

Effective[See Text Amendments]

Code of Federal Regulations CurrentnessTitle 29 Labor

Subtitle B Regulations Relating to LaborChapter XIV Equal Employment Opportunity Commission

Part 1604 Guidelines on Discrimination Because of Sex (Refs amp A

sect 16041 General principles

(a) References to ldquoemployerrdquo or ldquoemployersrdquo in this Part 1604 state principles tnot only to employers but also to labor organizations and to employment agenciaction or inaction may adversely affect employment opportunities

(b) To the extent that the views expressed in prior Commission pronouncementwith the views expressed herein such prior views are hereby overruled

(c) The Commission will continue to consider particular problems relating to sex a case-by-case basis

SOURCE 37 FR 6836 April 5 1972 unless otherwise noted

AUTHORITY Sec 713(b) 78 Stat265 42 USC 2000endash12

29 C F R sect 16041 29 CFR sect 16041

Current through August 29 2013 78 FR 53369


Chapter 3

new Chapter 3

new Chapter 3






Part 1604 Guidelines on Discrimination Because of Sex (Refs amp Annos)

sect 16041 General principles

(a) References to ldquoemployerrdquo or ldquoemployersrdquo in this Part 1604 state principles that are applicablenot only to employers but also to labor organizations and to employment agencies insofar as theiraction or inaction may adversely affect employment opportunities

(b) To the extent that the views expressed in prior Commission pronouncements are inconsistentwith the views expressed herein such prior views are hereby overruled

(c) The Commission will continue to consider particular problems relating to sex discrimination ona case-by-case basis



29 C F R sect 16041 29 CFR sect 16041



Comment [J1] Included in ne

Comment [J2] Not included i

Comment [J3] Not included i


Efffective[See Text Amendments]

Code of Federal Regulations Cur urrentness Title 29 Labor

Subtitle B Regulations Rela ating to LaborChapter XIV Equal Em Employment Opportunity Commission

Part 1604 Guidelines on Discrimination Because of Sex (Refs amp Anno nnos)

sect 16041 General pr rinciples

(a) References to ldquoemployerrdquo or ldquoemployersrdquo in this Part 1604 state principles tha hat are applicable not only to employers but also to o labor organizations and to employment agenciees insofar as their action or inaction may adversely affect employment opportunities

(b) To the extent that the views e expressed in prior Commission pronouncementss are inconsistent with the views expressed herein s n such prior views are hereby overruled

(c) The Commission will continue nue to consider particular problems relating to sex didiscrimination on a case-by-case basis

SOURCE 37 FR 6836 April 5 1 5 1972 unless otherwise noted

AUTHORITY Sec 713(b) 78 S 78 Stat265 42 USC 2000endash12

29 C F R sect 16041 29 CFR sect 16041 sect 16041

Current through August 29 2013 29 2013 78 FR 53369

copy 2013 Thomson Reuters END OF DOCUMENT

Comment [J1] Included in new w Chapter 3

Comment [J2] Not included in

Comment [J3] Not included in

n new Chapter 3

n new Chapter 3

copy 2013 Thomsoon Reuters No Claim to Orig US Gov Works

Page 1



rentness


a fide occupational qualification

at the bona fide occupational qualification exception as to sexLabel--ldquoMens jobsrdquo and ldquoWomens jobsrdquo--tend to deny em-

arily to one sex or the other

that the following situations do not warrant the application of theication exception

an because of her sex based on assumptions of the comparativef women in general For example the assumption that the turn-gher than among men

vidual based on stereotyped characterizations of the sexes Suchple that men are less capable of assembling intricate equipmentof aggressive salesmanship The principle of nondiscriminationnsidered on the basis of individual capacities and not on the basisly attributed to the group

vidual because of the preferences of coworkers the employercovered specifically in paragraph (a)(2) of this section

the purpose of authenticity or genuineness the Commission will occupational qualification eg an actor or actress

Comment [J4] (a) New MHRC Reg says BFOQmust be construed ldquovery narrowlyrdquo which is con-sistent with LeBlond v Sentinel Serv 635 A2d 943944 (Me 1993

Comment [J5] In new MHRC Reg





copy 2013 Thoms

E




sect 16042 Sex as a b

(a) The commission believes t eption as to sexshould be interpreted narrowly nd to deny em-ployment opportunities unneces

(1) The Commission will fi pplication of thebona fide occupational quali

(i) The refusal to hire a the comparativeemployment characteristics ion that the turn-over rate among women is

(ii) The refusal to hire an i f the sexes Suchstereotypes include for exa icate equipmentthat women are less capable ndiscriminationrequires that individuals be c not on the basisof any characteristics genera

(iii) The refusal to hire an i rs the employerclients or customers except a section

(2) Where it is necessary for ommission willconsider sex to be a bona fid ress






29 CFR sect 16042






sect 16042 Sex as a bona fide occupational qualification

(a) The commission believes that the bona fide occupational qualification exshould be interpreted narrowly Label--ldquoMens jobsrdquo and ldquoWomens jobsrdquo--tployment opportunities unnecessarily to one sex or the other

(1) The Commission will find that the following situations do not warrant thebona fide occupational qualification exception

(i) The refusal to hire a woman because of her sex based on assumptions oemployment characteristics of women in general For example the assumpover rate among women is higher than among men

(ii) The refusal to hire an individual based on stereotyped characterizationsstereotypes include for example that men are less capable of assembling intthat women are less capable of aggressive salesmanship The principle ofrequires that individuals be considered on the basis of individual capacities aof any characteristics generally attributed to the group

(iii) The refusal to hire an individual because of the preferences of coworkclients or customers except as covered specifically in paragraph (a)(2) of thi

(2) Where it is necessary for the purpose of authenticity or genuineness theconsider sex to be a bona fide occupational qualification eg an actor or ac

Reg says BFOQrdquo which is con-v 635 A2d 943

eg

eg

eg

eg








(a) The commission believes that the bona fide occupational qualification exception as to sexshould be interpreted narrowly Label--ldquoMens jobsrdquo and ldquoWomens jobsrdquo--tend to deny em-ployment opportunities unnecessarily to one sex or the other

(1) The Commission will find that the following situations do not warrant the application of thebona fide occupational qualification exception

(i) The refusal to hire a woman because of her sex based on assumptions of the comparativeemployment characteristics of women in general For example the assumption that the turn-over rate among women is higher than among men

(ii) The refusal to hire an individual based on stereotyped characterizations of the sexes Suchstereotypes include for example that men are less capable of assembling intricate equipmentthat women are less capable of aggressive salesmanship The principle of nondiscriminationrequires that individuals be considered on the basis of individual capacities and not on the basisof any characteristics generally attributed to the group

(iii) The refusal to hire an individual because of the preferences of coworkers the employerclients or customers except as covered specifically in paragraph (a)(2) of this section

(2) Where it is necessary for the purpose of authenticity or genuineness the Commission willconsider sex to be a bona fide occupational qualification eg an actor or actress

Comment [J4] (a) New MHRmust be construed ldquovery narrowlsistent with LeBlond v Sentinel S944 (Me 1993

Comment [J5] In new MHRC









sect 16042 Sex as a bon ona fide occupational qualification

(a) The commission believes th hat the bona fide occupational qualification exc ception as to sex should be interpreted narrowly Label--ldquoMens jobsrdquo and ldquoWomens jobsrdquo--te end to deny emshyployment opportunities unnecess sarily to one sex or the other

(1) The Commission will findnd that the following situations do not warrant the aapplication of the bona fide occupational qualif fication exception

(i) The refusal to hire a wom woman because of her sex based on assumptions of f the comparative employment characteristics o of women in general For example the assumpttion that the turnshyover rate among women is hi higher than among men

(ii) The refusal to hire an indi ndividual based on stereotyped characterizations o of the sexes Such stereotypes include for exam mple that men are less capable of assembling intr ricate equipment that women are less capable of aggressive salesmanship The principle of no nondiscrimination requires that individuals be co onsidered on the basis of individual capacities and nd not on the basis of any characteristics general lly attributed to the group

(iii) The refusal to hire an indi ndividual because of the preferences of coworke ers the employer clients or customers except ass covered specifically in paragraph (a)(2) of this s section

(2) Where it is necessary for the purpose of authenticity or genuineness the CCommission will consider sex to be a bona fide e occupational qualification eg an actor or act tress


Comment [J4] (a) New MHRC must be construed ldquovery narrowly sistent with LeBlond v Sentinel Ser 944 (Me 1993

C Reg says BFOQ yrdquo which is con-erv 635 A2d 943

Comment [J5] In new MHRC R Reg


Comment [J7] In new MHRC R


Reg

Reg


(b) Effect of sex-oriented State employment legislation Comment [J9] Not included in Chapter 3 Maine labor laws specific to women have been repealed See 26 MRS sectsect 731-738

(1) Many States have enacted laws or promulgated administrative regulations with respect to the employment of females Among these laws are those which prohibit or limit the emshyployment of females eg the employment of females in certain occupations in jobs requiring the lifting or carrying of weights exceeding certain prescribed limits during certain hours of the night for more than a specified number of hours per day or per week and for certain peshyriods of time before and after childbirth The Commission has found that such laws and regshyulations do not take into account the capacities preferences and abilities of individual females and therefore discriminate on the basis of sex The Commission has concluded that such laws and regulations conflict with and are superseded by title VII of the Civil Rights Act of 1964 Accordingly such laws will not be considered a defense to an otherwise established unlawful employment practice or as a basis for the application of the bona fide occupational qualificashytion exception

(2) The Commission has concluded that State laws and regulations which discriminate on the basis of sex with regard to the employment of minors are in conflict with and are superseded by title VII to the extent that such laws are more restrictive for one sex Accordingly restrictions on the employment of minors of one sex over and above those imposed on minors of the other sex will not be considered a defense to an otherwise established unlawful employment practice or as a basis for the application of the bona fide occupational qualification exception

(3) A number of States require that minimum wage and premium pay for overtime be provided for female employees An employer will be deemed to have engaged in an unlawful e mshyployment practice if

(i) It refuses to hire or otherwise adversely affects the employment opportunities of female applicants or employees in order to avoid the payment of minimum wages or overtime pay required by State law or

(ii) It does not provide the same benefits for male employees

(4) As to other kinds of sex-oriented State employment laws such as those requiring special rest and meal periods or physical facilities for women provision of these benefits to one sex only will be a violation of title VII An employer will be deemed to have engaged in an unshylawful employment practice if



(i) It refuses to hire or otherwise adversely affects the employment opportunities of female applicants or employees in order to avoid the provision of such benefits or

(ii) It does not provide the same benefits for male employees If the employer can prove that business necessity precludes providing these benefits to both men and women then the State law is in conflict with and superseded by title VII as to this employer In this situation the employer shall not provide such benefits to members of either sex

(5) Some States require that separate restrooms be provided for employees of each sex An employer will be deemed to have engaged in an unlawful employment practice if it refuses to hire or otherwise adversely affects the employment opportunities of applicants or employees in order to avoid the provision of such restrooms for persons of that sex



29 C F R sect 16042 29 CFR sect 16042





Page 1



rentness


nes of progression and seniority systems

practice to classify a job as ldquomalerdquo or ldquofemalerdquo or to maintaineparate seniority lists based on sex where this would adverselya bona fide occupational qualification for that job Accordinglyul which arbitrarily classify jobs so that

m applying for a job labeled ldquomalerdquo or for a job in a ldquomalerdquo line

off is prohibited from displacing a less senior female on a ldquofe- versa

f progression which distinguishes between ldquolightrdquo and ldquoheavyrdquooyment practice if it operates as a disguised form of classifica-

ble obstacles to the advancement by members of either sex intould reasonably be expected to perform



78 FR 53369




copy 2013 Thoms

E




sect 16043 Separate l

(a) It is an unlawful employme rdquo or to maintainseparate lines of progression or would adverselyaffect any employee unless sex i ob Accordinglyemployment practices are unlaw

(1) A female is prohibited fr in a ldquomalerdquo lineof progression and vice vers

(2) A male scheduled for la female on a ldquofe-malerdquo seniority list and vice

(b) A Seniority system or line htrdquo and ldquoheavyrdquojobs constitutes an unlawful em rm of classifica-tion by sex or creates unreaso f either sex intojobs which members of that se



29 C F R sect 16043 29 CFR




29 CFR sect 16043






sect 16043 Separate lines of progression and seniority systems

(a) It is an unlawful employment practice to classify a job as ldquomalerdquo or ldquofemalseparate lines of progression or separate seniority lists based on sex where thisaffect any employee unless sex is a bona fide occupational qualification for thatemployment practices are unlawful which arbitrarily classify jobs so that

(1) A female is prohibited from applying for a job labeled ldquomalerdquo or for a joof progression and vice versa

(2) A male scheduled for layoff is prohibited from displacing a less seniormalerdquo seniority list and vice versa

(b) A Seniority system or line of progression which distinguishes between ldquolijobs constitutes an unlawful employment practice if it operates as a disguised ftion by sex or creates unreasonable obstacles to the advancement by membersjobs which members of that sex would reasonably be expected to perform



29 C F R sect 16043 29 CFR sect 16043


Reg

Reg








(a) It is an unlawful employment practice to classify a job as ldquomalerdquo or ldquofemalerdquo or to maintainseparate lines of progression or separate seniority lists based on sex where this would adverselyaffect any employee unless sex is a bona fide occupational qualification for that job Accordinglyemployment practices are unlawful which arbitrarily classify jobs so that

(1) A female is prohibited from applying for a job labeled ldquomalerdquo or for a job in a ldquomalerdquo lineof progression and vice versa

(2) A male scheduled for layoff is prohibited from displacing a less senior female on a ldquofe-malerdquo seniority list and vice versa

(b) A Seniority system or line of progression which distinguishes between ldquolightrdquo and ldquoheavyrdquojobs constitutes an unlawful employment practice if it operates as a disguised form of classifica-tion by sex or creates unreasonable obstacles to the advancement by members of either sex intojobs which members of that sex would reasonably be expected to perform



29 C F R sect 16043 29 CFR sect 16043


Comment [J11] In new MHR







sect 16043 Separate liines of progression and seniority systems

(a) It is an unlawful employment nt practice to classify a job as ldquomalerdquo or ldquofemaleerdquo or to maintain separate lines of progression or sseparate seniority lists based on sex where this would adversely affect any employee unless sex is s a bona fide occupational qualification for that jjob Accordingly employment practices are unlawfful which arbitrarily classify jobs so that

(1) A female is prohibited fro om applying for a job labeled ldquomalerdquo or for a job b in a ldquomalerdquo line of progression and vice versaa

(2) A male scheduled for lay yoff is prohibited from displacing a less senior female on a ldquof e-malerdquo seniority list and vice versa

(b) A Seniority system or line o of progression which distinguishes between ldquolig ghtrdquo and ldquoheavyrdquo jobs constitutes an unlawful empl ployment practice if it operates as a disguised fo orm of classificashytion by sex or creates unreasona nable obstacles to the advancement by members oof either sex into jobs which members of that sex wo x would reasonably be expected to perform





Comment [J11] In new MHRC C Reg






Page 1



rentness


ion against married women

ined that an employers rule which forbids or restricts the em-hich is not applicable to married men is a discrimination basedCivil Rights Act It does not seem to us relevant that the rule isonly against married females for so long as sex is a factor in

pplication involves a discrimination based on sex

rcumstances such a rule could be justified within the meaning ofexpress no opinion on this question at this time except to pointtional qualification must be justified in terms of the peculiar

and not on the basis of a general principle such as the desirability

ess otherwise noted


78 FR 53369

Comment [J13] New MHRC Reg provides asfollows ldquoIt is unlawful employment practice toforbid or restrict the employment of married wom-en when such a prohibition or restriction is notapplicable to married menrdquo


copy 2013 Thoms

E




sect 16044 Discrimin

(a) The Commission has deter restricts the em-ployment of married women a rimination basedon sex prohibited by title VII of t nt that the rule isnot directed against all females sex is a factor inthe application of the rule such x

(b) It may be that under certain c n the meaning ofsection 703(e)(1) of title VII W e except to pointout that sex as a bona fide occ s of the peculiarrequirements of the particular jo s the desirabilityof spreading work



29 C F R sect 16044 29 CFR




29 CFR sect 16044






sect 16044 Discrimination against married women

(a) The Commission has determined that an employers rule which forbids orployment of married women and which is not applicable to married men is a dison sex prohibited by title VII of the Civil Rights Act It does not seem to us relevnot directed against all females but only against married females for so long asthe application of the rule such application involves a discrimination based on s

(b) It may be that under certain circumstances such a rule could be justified witsection 703(e)(1) of title VII We express no opinion on this question at this tiout that sex as a bona fide occupational qualification must be justified in terrequirements of the particular job and not on the basis of a general principle such of spreading work



29 C F R sect 16044 29 CFR sect 16044



eg provides asnt practice toof married wom-riction is not








(a) The Commission has determined that an employers rule which forbids or restricts the em-ployment of married women and which is not applicable to married men is a discrimination basedon sex prohibited by title VII of the Civil Rights Act It does not seem to us relevant that the rule isnot directed against all females but only against married females for so long as sex is a factor inthe application of the rule such application involves a discrimination based on sex

(b) It may be that under certain circumstances such a rule could be justified within the meaning ofsection 703(e)(1) of title VII We express no opinion on this question at this time except to pointout that sex as a bona fide occupational qualification must be justified in terms of the peculiarrequirements of the particular job and not on the basis of a general principle such as the desirabilityof spreading work



29 C F R sect 16044 29 CFR sect 16044



Comment [J13] New MHRCfollows ldquoIt is unlawful employmforbid or restrict the employmenten when such a prohibition or resapplicable to married menrdquo






sect 16044 Discriminat ation against married women

(a) The Commission has determ mined that an employers rule which forbids or restricts the emshyployment of married women and w nd which is not applicable to married men is a disc crimination based on sex prohibited by title VII of thehe Civil Rights Act It does not seem to us releva ant that the rule is not directed against all females butbut only against married females for so long as sex is a factor in the application of the rule such a application involves a discrimination based on seex

(b) It may be that under certain ciircumstances such a rule could be justified withi hin the meaning of section 703(e)(1) of title VII We e express no opinion on this question at this tim me except to point out that sex as a bona fide occupa upational qualification must be justified in term ms of the peculiar requirements of the particular job b and not on the basis of a general principle such aas the desirability of spreading work

SOURCE 37 FR 6836 April 5 1972 unl 5 1972 unless otherwise noted






Comment [J13] New MHRC R follows ldquoIt is unlawful employme forbid or restrict the employment en when such a prohibition or rest applicable to married menrdquo

Reg provides as ent practice to

of married wom-triction is not

Page 1



rentness


unities advertising

help-wanted advertisement to indicate a preference limitationsed on sex unless sex is a bona fide occupational qualification

he placement of an advertisement in columns classified by pub-as columns headed ldquoMalerdquo or ldquoFemalerdquo will be considered antion specification or discrimination based on sex

ess otherwise noted


78 FR 53369

Comment [J14] New MHRC Reg provides ldquoItshall be an unlawful employment practice for anyperson to print or publish or cause to be printed orpublished any notice or advertisement relating toemployment or membership in a labor organizationindicating any preference limitation specificationor discrimination based upon protected class unlessthere is a bona fide occupational qualification forsuch preference limitation specification or dis-criminationrdquo


copy 2013 Thoms

E




sect 16045 Job oppor

It is a violation of title VII for ence limitationspecification or discrimination nal qualificationfor the particular job involved lassified by pub-lishers on the basis of sex such considered anexpression of a preference limit ex



29 C F R sect 16045 29 CFR




29 CFR sect 16045






sect 16045 Job opportunities advertising

It is a violation of title VII for a help-wanted advertisement to indicate a prefespecification or discrimination based on sex unless sex is a bona fide occupatifor the particular job involved The placement of an advertisement in columnslishers on the basis of sex such as columns headed ldquoMalerdquo or ldquoFemalerdquo willexpression of a preference limitation specification or discrimination based o



29 C F R sect 16045 29 CFR sect 16045



eg provides ldquoItractice for anyto be printed orent relating to

abor organizationn specification

ected class unlessualification for

ication or dis-








It is a violation of title VII for a help-wanted advertisement to indicate a preference limitationspecification or discrimination based on sex unless sex is a bona fide occupational qualificationfor the particular job involved The placement of an advertisement in columns classified by pub-lishers on the basis of sex such as columns headed ldquoMalerdquo or ldquoFemalerdquo will be considered anexpression of a preference limitation specification or discrimination based on sex



29 C F R sect 16045 29 CFR sect 16045



Comment [J14] New MHRCshall be an unlawful employmentperson to print or publish or causpublished any notice or advertiseemployment or membership in aindicating any preference limitatior discrimination based upon prothere is a bona fide occupationalsuch preference limitation specicriminationrdquo






sect 16045 Job opporttunities advertising

It is a violation of title VII for a a help-wanted advertisement to indicate a preferrence limitation specification or discrimination ba based on sex unless sex is a bona fide occupatio onal qualification for the particular job involved T The placement of an advertisement in columns c classified by pubshylishers on the basis of sex such as columns headed ldquoMalerdquo or ldquoFemalerdquo will bebe considered an expression of a preference limita ation specification or discrimination based on sn sex




Current through August 29 201329 2013 78 FR 53369


Comment [J14] New MHRC R shall be an unlawful employment p person to print or publish or cause published any notice or advertisem employment or membership in a l indicating any preference limitatio or discrimination based upon prot there is a bona fide occupational q such preference limitation specif criminationrdquo

Reg provides ldquoIt practice for any e to be printed or ment relating to labor organization on specification tected class unless qualification for fication or dis-


Page 1



rentness


nt agencies

ights Act specifically states that it shall be unlawful for an em-against any individual because of sex The Commission has de-agencies which deal exclusively with one sex are engaged in an

xcept to the extent that such agencies limit their services to fur-jobs for which sex is a bona fide occupational qualification

eceives a job order containing an unlawful sex specification willoyer placing the job order if the agency fills the order knowingsed upon a bona fide occupational qualification However an

deemed to be in violation of the law regardless of the determi-gency does not have reason to believe that the employers claim

ation is without substance and the agency makes and maintains amission of each such job order Such record shall include the

ion of the job and the basis for the employers claim of bona fide

oyment agencies to keep informed of opinions and decisions oftion

ess otherwise noted


Comment [J15] (a) and (b) are included inMHRC Reg (c) is not included


copy 2013 Thoms

E




sect 16046 Employm

(a) Section 703(b) of the Civil wful for an em-ployment agency to discriminat mission has de-termined that private employme re engaged in anunlawful employment practice r services to fur-nishing employees for particular lification

(b) An employment agency that pecification willshare responsibility with the em order knowingthat the sex specification is not on However anemployment agency will not be s of the determi-nation as to the employer if the employers claimof bona fide occupations qualifi and maintains awritten record available to the C shall include thename of the employer the descri laim of bona fideoccupational qualification

(c) It is the responsibility of em and decisions ofthe Commission on sex discrimi




29 CFR sect 16046






sect 16046 Employment agencies

(a) Section 703(b) of the Civil Rights Act specifically states that it shall be unlployment agency to discriminate against any individual because of sex The Ctermined that private employment agencies which deal exclusively with one sex unlawful employment practice except to the extent that such agencies limit thenishing employees for particular jobs for which sex is a bona fide occupational

(b) An employment agency that receives a job order containing an unlawful sexshare responsibility with the employer placing the job order if the agency fills tthat the sex specification is not based upon a bona fide occupational qualificatemployment agency will not be deemed to be in violation of the law regardlenation as to the employer if the agency does not have reason to believe that theof bona fide occupations qualification is without substance and the agency makewritten record available to the Commission of each such job order Such record name of the employer the description of the job and the basis for the employersoccupational qualification

(c) It is the responsibility of employment agencies to keep informed of opiniothe Commission on sex discrimination



included in








(a) Section 703(b) of the Civil Rights Act specifically states that it shall be unlawful for an em-ployment agency to discriminate against any individual because of sex The Commission has de-termined that private employment agencies which deal exclusively with one sex are engaged in anunlawful employment practice except to the extent that such agencies limit their services to fur-nishing employees for particular jobs for which sex is a bona fide occupational qualification

(b) An employment agency that receives a job order containing an unlawful sex specification willshare responsibility with the employer placing the job order if the agency fills the order knowingthat the sex specification is not based upon a bona fide occupational qualification However anemployment agency will not be deemed to be in violation of the law regardless of the determi-nation as to the employer if the agency does not have reason to believe that the employers claimof bona fide occupations qualification is without substance and the agency makes and maintains awritten record available to the Commission of each such job order Such record shall include thename of the employer the description of the job and the basis for the employers claim of bona fideoccupational qualification

(c) It is the responsibility of employment agencies to keep informed of opinions and decisions ofthe Commission on sex discrimination



Comment [J15] (a) and (b) arMHRC Reg (c) is not included






sect 16046 Employme ent agencies Comment [J15] (a) and (b) are MHRC Reg (c) is not included

e included in

(a) Section 703(b) of the Civil R Rights Act specifically states that it shall be unlaawful for an e mshyployment agency to discriminate e against any individual because of sex The Com ommission has deshytermined that private employment nt agencies which deal exclusively with one sex a are engaged in an unlawful employment practice e except to the extent that such agencies limit theiir services to furshynishing employees for particular jobs for which sex is a bona fide occupational qua qualification

(b) An employment agency that r receives a job order containing an unlawful sex s specification will share responsibility with the empl ployer placing the job order if the agency fills the he order knowi ng that the sex specification is not babased upon a bona fide occupational qualificati ion However an employment agency will not be deemed to be in violation of the law regardles ss of the determishynation as to the employer if the aagency does not have reason to believe that the employers claim of bona fide occupations qualific cation is without substance and the agency makess and maintains a written record available to the Comommission of each such job order Such record shall include the name of the employer the descript ption of the job and the basis for the employers c claim of bona fide occupational qualification

(c) It is the responsibility of empl ployment agencies to keep informed of opinions ns and decisions of the Commission on sex discrimina nation





29 C F R sect 16046 29 CFR sect 16046




Page 1



rentness


ment inquiries as to sex

sk ldquoMale Femalerdquo or ldquoMr Mrs Missrdquo provided thatfor a nondiscriminatory purpose Any pre-employment inquiry inployment which expresses directly or indirectly any limitations to sex shall be unlawful unless based upon a bona fide occu-

ess otherwise noted


78 FR 53369

Comment [J16] Not included because MHRAunlike Title VII has complete prohibition onpre-employment inquiries concerning sex (andother protected classes)


copy 2013 Thoms

E




sect 16047 Pre-empl

A pre-employment inquiry may srdquo provided thatthe inquiry is made in good faith ent inquiry inconnection with prospective e y any limitationspecification or discrimination bona fide occu-pational qualification



29 C F R sect 16047 29 CFR




29 CFR sect 16047






sect 16047 Pre-employment inquiries as to sex

A pre-employment inquiry may ask ldquoMale Femalerdquo or ldquoMr Mrs Mithe inquiry is made in good faith for a nondiscriminatory purpose Any pre-emplconnection with prospective employment which expresses directly or indirectspecification or discrimination as to sex shall be unlawful unless based upon pational qualification



29 C F R sect 16047 29 CFR sect 16047



because MHRAibition oning sex (and








A pre-employment inquiry may ask ldquoMale Femalerdquo or ldquoMr Mrs Missrdquo provided thatthe inquiry is made in good faith for a nondiscriminatory purpose Any pre-employment inquiry inconnection with prospective employment which expresses directly or indirectly any limitationspecification or discrimination as to sex shall be unlawful unless based upon a bona fide occu-pational qualification



29 C F R sect 16047 29 CFR sect 16047



Comment [J16] Not includedunlike Title VII has complete propre-employment inquiries concerother protected classes)






sect 16047 Pre-employ oyment inquiries as to sex

A pre-employment inquiry may a ask ldquoMale Femalerdquo or ldquoMr Mrs Misssrdquo provided that the inquiry is made in good faith for a nondiscriminatory purpose Any pre-employm oyment inquiry in connection with prospective em mployment which expresses directly or indirectl ly any limitation specification or discrimination a as to sex shall be unlawful unless based upon aa bona fide occushypational qualification






Comment [J16] Not included unlike Title VII has complete proh pre-employment inquiries concern other protected classes)

because MHRA hibition on ning sex (and


Page 1



rentness


ip of title VII to the Equal Pay Act

prohibitions against discrimination based on sex contained inf the other prohibitions contained in title VII and is not limited bys covered by the Fair Labor Standards Act

a defense based on the Equal Pay Act may be raised in a pro-

d the Commission will give appropriate consideration to the in- Wage and Hour Division Department of Labor but will not be

ess otherwise noted


78 FR 53369

Comment [J17] Not included in new MHRC Regbecause there is no analogous provision in theMHRA to Title VII 703(h)


copy 2013 Thoms

E




sect 16048 Relations

(a) The employee coverage of t sex contained intitle VII is coextensive with that is not limited bysection 703(h) to those employe

(b) By virtue of section 703(h) raised in a pro-ceeding under title VII

(c) Where such a defense is rais ration to the in-terpretations of the Administrato r but will not bebound thereby



29 C F R sect 16048 29 CFR




29 CFR sect 16048






sect 16048 Relationship of title VII to the Equal Pay Act

(a) The employee coverage of the prohibitions against discrimination based ontitle VII is coextensive with that of the other prohibitions contained in title VII asection 703(h) to those employees covered by the Fair Labor Standards Act

(b) By virtue of section 703(h) a defense based on the Equal Pay Act mayceeding under title VII

(c) Where such a defense is raised the Commission will give appropriate consiterpretations of the Administrator Wage and Hour Division Department of Labound thereby



29 C F R sect 16048 29 CFR sect 16048



in new MHRC Regvision in the








(a) The employee coverage of the prohibitions against discrimination based on sex contained intitle VII is coextensive with that of the other prohibitions contained in title VII and is not limited bysection 703(h) to those employees covered by the Fair Labor Standards Act

(b) By virtue of section 703(h) a defense based on the Equal Pay Act may be raised in a pro-ceeding under title VII

(c) Where such a defense is raised the Commission will give appropriate consideration to the in-terpretations of the Administrator Wage and Hour Division Department of Labor but will not bebound thereby



29 C F R sect 16048 29 CFR sect 16048



Comment [J17] Not includedbecause there is no analogous prMHRA to Title VII 703(h)






sect 16048 Relationsh hip of title VII to the Equal Pay Act Comment [J17] Not included because there is no analogous pro MHRA to Title VII 703(h)

in new MHRC Reg ovision in the

(a) The employee coverage of the he prohibitions against discrimination based on sex contained in title VII is coextensive with that o of the other prohibitions contained in title VII and nd is not limited by section 703(h) to those employee es covered by the Fair Labor Standards Act

(b) By virtue of section 703(h) a defense based on the Equal Pay Act may be be raised in a proshyceeding under title VII

(c) Where such a defense is raise ed the Commission will give appropriate conside deration to the inshyterpretations of the Administratorr Wage and Hour Division Department of Labobor but will not be bound thereby







Page 1



rentness


efits

rein includes medical hospital accident life insurance and re-and bonus plans leave and other terms conditions and privi-

ent practice for an employer to discriminate between men andfits

benefits available to employees and their spouses and familieshead of the householdrdquo or ldquoprincipal wage earnerrdquo in the familylable only to male employees and their families Due to the facttorily affects the rights of women employees and that ldquohead ofarnerrdquo status bears no relationship to job performance benefitse found a prima facie violation of the prohibitions against sexct

ent practice for an employer to make available benefits for theoyees where the same benefits are not made available for theemployees or to make available benefits for the wives of maleailable for female employees or to make available benefits to thehich are not made available for male employees An example ofactice is a situation in which wives of male employees receivemployees receive no such benefits

Comment [J18] Included in new MHRC Regwhich also includes coverage of disability insuranceand overtimecompensatory time benefits

Comment [J19] Included in new MHRC Reg




copy 2013 Thoms

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sect 16049 Fringe be

(a) ldquoFringe benefitsrdquo as used h nsurance and re-tirement benefits profit-sharing tions and privi-leges of employment

(b) It shall be an unlawful empl etween men andwomen with regard to fringe be

(c) Where an employer conditio es and familieson whether the employee is the errdquo in the familyunit the benefits tend to be ava Due to the factthat such conditioning discrimi nd that ldquohead ofhouseholdrdquo or ldquoprincipal wage rmance benefitswhich are so conditioned will ions against sexdiscrimination contained in the

(d) It shall be an unlawful empl e benefits for thewives and families of male em available for thehusbands and families of femal wives of maleemployees which are not made a e benefits to thehusbands of female employees An example ofsuch an unlawful employment ployees receivematernity benefits while female





29 CFR sect 16049






sect 16049 Fringe benefits

(a) ldquoFringe benefitsrdquo as used herein includes medical hospital accident lifetirement benefits profit-sharing and bonus plans leave and other terms coleges of employment

(b) It shall be an unlawful employment practice for an employer to discriminatewomen with regard to fringe benefits

(c) Where an employer conditions benefits available to employees and their spoon whether the employee is the ldquohead of the householdrdquo or ldquoprincipal wage earunit the benefits tend to be available only to male employees and their familiethat such conditioning discriminatorily affects the rights of women employees householdrdquo or ldquoprincipal wage earnerrdquo status bears no relationship to job perfwhich are so conditioned will be found a prima facie violation of the prohibidiscrimination contained in the act

(d) It shall be an unlawful employment practice for an employer to make availawives and families of male employees where the same benefits are not madehusbands and families of female employees or to make available benefits for temployees which are not made available for female employees or to make availahusbands of female employees which are not made available for male employeesuch an unlawful employment practice is a situation in which wives of male ematernity benefits while female employees receive no such benefits

w MHRC Regsability insurancebenefits

w MHRC Reg

w MHRC Reg

w MHRC Reg








(a) ldquoFringe benefitsrdquo as used herein includes medical hospital accident life insurance and re-tirement benefits profit-sharing and bonus plans leave and other terms conditions and privi-leges of employment

(b) It shall be an unlawful employment practice for an employer to discriminate between men andwomen with regard to fringe benefits

(c) Where an employer conditions benefits available to employees and their spouses and familieson whether the employee is the ldquohead of the householdrdquo or ldquoprincipal wage earnerrdquo in the familyunit the benefits tend to be available only to male employees and their families Due to the factthat such conditioning discriminatorily affects the rights of women employees and that ldquohead ofhouseholdrdquo or ldquoprincipal wage earnerrdquo status bears no relationship to job performance benefitswhich are so conditioned will be found a prima facie violation of the prohibitions against sexdiscrimination contained in the act

(d) It shall be an unlawful employment practice for an employer to make available benefits for thewives and families of male employees where the same benefits are not made available for thehusbands and families of female employees or to make available benefits for the wives of maleemployees which are not made available for female employees or to make available benefits to thehusbands of female employees which are not made available for male employees An example ofsuch an unlawful employment practice is a situation in which wives of male employees receivematernity benefits while female employees receive no such benefits

Comment [J18] Included in nwhich also includes coverage of dand overtimecompensatory time

Comment [J19] Included in n








sect 16049 Fringe ben nefits

(a) ldquoFringe benefitsrdquo as used he erein includes medical hospital accident life i insurance and r eshytirement benefits profit-sharing and bonus plans leave and other terms condi nditions and privishyleges of employment

(b) It shall be an unlawful employm oyment practice for an employer to discriminate bbetween men and women with regard to fringe bene nefits

(c) Where an employer conditions ns benefits available to employees and their spoususes and families on whether the employee is the ldquo ldquohead of the householdrdquo or ldquoprincipal wage earn nerrdquo in the family unit the benefits tend to be avai ilable only to male employees and their families s Due to the fact that such conditioning discrimina natorily affects the rights of women employees a and that ldquohead of householdrdquo or ldquoprincipal wage e earnerrdquo status bears no relationship to job perfo ormance benefits which are so conditioned will b be found a prima facie violation of the prohibittions against sex discrimination contained in the a act

(d) It shall be an unlawful employm oyment practice for an employer to make availabl ble benefits for the wives and families of male empl ployees where the same benefits are not made available for the husbands and families of female e employees or to make available benefits for thehe wives of male employees which are not made av vailable for female employees or to make availablble benefits to the husbands of female employees w which are not made available for male employeess An example of such an unlawful employment pr practice is a situation in which wives of male em mployees receive maternity benefits while female e employees receive no such benefits


Comment [J18] Included in ne which also includes coverage of di and overtimecompensatory time



ew MHRC Reg isability insurance benefits

ew MHRC Reg

ew MHRC Reg

Comment [J21] Included in neew MHRC Reg


(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



29 C F R sect 16049 29 CFR sect 16049




Comment [J23] First sentence is included in new MHRC Reg second is not


Page 1



rentness


ent policies relating to pregnancy and childbirth

lidity see Sec 713(b) 78 Stat 265 42 USCA sect 2000endash12gt

ent policy or practice which excludes from employment ap-pregnancy childbirth or related medical conditions is in prima

ed to by pregnancy childbirth or related medical conditionsl be treated the same as disabilities caused or contributed to byany health or disability insurance or sick leave plan available inritten or unwritten employment policies and practices involvingent and duration of leave the availability of extensions the ac-ts and privileges reinstatement and payment under any health orplan formal or informal shall be applied to disability due toedical conditions on the same terms and conditions as they are

lth insurance benefits for abortion except where the life of thefetus were carried to term or where medical complications have

required to be paid by an employer nothing herein howeveriding abortion benefits or otherwise affects bargaining agree-

ployee who is temporarily disabled is caused by an employmentr no leave is available such a termination violates the Act if it has of one sex and is not justified by business necessity





copy 2013 Thoms

E




sect 160410 Employ irth

ltFor provision(s) affecting v ndash12gt

(a) A written or unwritten empl employment ap-plicants or employees because o tions is in primafacie violation of title VII

(b) Disabilities caused or contri dical conditionsfor all job-related purposes sha ontributed to byother medical conditions under plan available inconnection with employment ctices involvingmatters such as the commence ensions the ac-crual of seniority and other benef r any health ordisability insurance or sick leav disability due topregnancy childbirth or related tions as they areapplied to other disabilities He re the life of themother would be endangered if t plications havearisen from an abortion are no herein howeverprecludes an employer from pr rgaining agree-ments in regard to abortion

(c) Where the termination of an e an employmentpolicy under which insufficient s the Act if it hasa disparate impact on employees sity




29 CFR sect 160410






sect 160410 Employment policies relating to pregnancy and child

ltFor provision(s) affecting validity see Sec 713(b) 78 Stat 265 42 USCA

(a) A written or unwritten employment policy or practice which excludes fromplicants or employees because of pregnancy childbirth or related medical cofacie violation of title VII

(b) Disabilities caused or contributed to by pregnancy childbirth or related mfor all job-related purposes shall be treated the same as disabilities caused orother medical conditions under any health or disability insurance or sick leaveconnection with employment Written or unwritten employment policies and prmatters such as the commencement and duration of leave the availability of ecrual of seniority and other benefits and privileges reinstatement and paymentdisability insurance or sick leave plan formal or informal shall be applied topregnancy childbirth or related medical conditions on the same terms and coapplied to other disabilities Health insurance benefits for abortion except wmother would be endangered if the fetus were carried to term or where medical carisen from an abortion are not required to be paid by an employer nothingprecludes an employer from providing abortion benefits or otherwise affectsments in regard to abortion

(c) Where the termination of an employee who is temporarily disabled is caused policy under which insufficient or no leave is available such a termination violata disparate impact on employees of one sex and is not justified by business nece

w MHRC Reg

w MHRC Reg

w MHRC Reg







sect 160410 Employment policies relating to pregnancy and childbirth

ltFor provision(s) affecting validity see Sec 713(b) 78 Stat 265 42 USCA sect 2000endash12gt

(a) A written or unwritten employment policy or practice which excludes from employment ap-plicants or employees because of pregnancy childbirth or related medical conditions is in primafacie violation of title VII

(b) Disabilities caused or contributed to by pregnancy childbirth or related medical conditionsfor all job-related purposes shall be treated the same as disabilities caused or contributed to byother medical conditions under any health or disability insurance or sick leave plan available inconnection with employment Written or unwritten employment policies and practices involvingmatters such as the commencement and duration of leave the availability of extensions the ac-crual of seniority and other benefits and privileges reinstatement and payment under any health ordisability insurance or sick leave plan formal or informal shall be applied to disability due topregnancy childbirth or related medical conditions on the same terms and conditions as they areapplied to other disabilities Health insurance benefits for abortion except where the life of themother would be endangered if the fetus were carried to term or where medical complications havearisen from an abortion are not required to be paid by an employer nothing herein howeverprecludes an employer from providing abortion benefits or otherwise affects bargaining agree-ments in regard to abortion

(c) Where the termination of an employee who is temporarily disabled is caused by an employmentpolicy under which insufficient or no leave is available such a termination violates the Act if it hasa disparate impact on employees of one sex and is not justified by business necessity









sect 160410 Employm ment policies relating to pregnancy and childb birth

ltFor provision(s) affecting va alidity see Sec 713(b) 78 Stat 265 42 USCA sect 2000esect 2000endash12gt

(a) A written or unwritten employm oyment policy or practice which excludes from employment apshyplicants or employees because off pregnancy childbirth or related medical condi nditions is in prima facie violation of title VII

(b) Disabilities caused or contribut buted to by pregnancy childbirth or related me edical conditions for all job-related purposes shalll be treated the same as disabilities caused or c contributed to by other medical conditions under any health or disability insurance or sick leave plan available in connection with employment W Written or unwritten employment policies and praactices involving matters such as the commencem ment and duration of leave the availability of ext xtensions the a cshycrual of seniority and other benefiits and privileges reinstatement and payment unde under any health or disability insurance or sick leavee plan formal or informal shall be applied to disability due to pregnancy childbirth or related mmedical conditions on the same terms and condi nditions as they are applied to other disabilities Hea alth insurance benefits for abortion except whe here the life of the mother would be endangered if the he fetus were carried to term or where medical com omplications have arisen from an abortion are not t required to be paid by an employer nothing herein however precludes an employer from prov oviding abortion benefits or otherwise affects ba bargaining agre eshyments in regard to abortion

(c) Where the termination of an emmployee who is temporarily disabled is caused by by an employment policy under which insufficient o or no leave is available such a termination violatees the Act if it has a disparate impact on employees of one sex and is not justified by business necesssity






(d)(1) Any fringe benefit program or fund or insurance program which is in effect on October 31 1978 which does not treat women affected by pregnancy childbirth or related medical conditions the same as other persons not so affected but similar in their ability or inability to work must be in compliance with the provisions of sect 160410(b) by April 29 1979 In order to come into comshypliance with the provisions of 160410(b) there can be no reduction of benefits or compensation which were in effect on October 31 1978 before October 31 1979 or the expiration of a collective bargaining agreement in effect on October 31 1978 whichever is later

(2) Any fringe benefit program implemented after October 31 1978 must comply with the provisions of sect 160410(b) upon implementation

[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410



Comment [J27] Not included in new MHRC Reg


Page 1



rentness


assment

ex is a violation of section 703 of title VII [FN1] Unwelcomeal favors and other verbal or physical conduct of a sexual naturen (1) submission to such conduct is made either explicitly or

n individuals employment (2) submission to or rejection of suchas the basis for employment decisions affecting such individualse or effect of unreasonably interfering with an individuals workidating hostile or offensive working environment

re continue to apply to race color religion or national origin

ed conduct constitutes sexual harassment the Commission willat the totality of the circumstances such as the nature of the

n which the alleged incidents occurred The determination of the be made from the facts on a case by case basis

een fellow employees an employer is responsible for acts ofce where the employer (or its agents or supervisory employees)the conduct unless it can show that it took immediate and ap-

sponsible for the acts of non-employees with respect to sexual






copy 2013 Thoms

E




sect 160411 Sexual h

(a) Harassment on the basis of N1] Unwelcomesexual advances requests for se f a sexual natureconstitute sexual harassment her explicitly orimplicitly a term or condition of rejection of suchconduct by an individual is used such individualor (3) such conduct has the pur ndividuals workperformance or creating an inti nt

1 The principles involve national origin

(b) In determining whether alle ommission willlook at the record as a whole a the nature of thesexual advances and the context rmination of thelegality of a particular action wil

(c) [Reserved]

(d) With respect to conduct bet ible for acts ofsexual harassment in the workpl sory employees)knows or should have known o mediate and ap-propriate corrective action

(e) An employer may also be r respect to sexual





29 CFR sect 160411






sect 160411 Sexual harassment

(a) Harassment on the basis of sex is a violation of section 703 of title VII [sexual advances requests for sexual favors and other verbal or physical conductconstitute sexual harassment when (1) submission to such conduct is made eiimplicitly a term or condition of an individuals employment (2) submission to oconduct by an individual is used as the basis for employment decisions affectior (3) such conduct has the purpose or effect of unreasonably interfering with anperformance or creating an intimidating hostile or offensive working environm

1 The principles involved here continue to apply to race color religion o

(b) In determining whether alleged conduct constitutes sexual harassment thelook at the record as a whole and at the totality of the circumstances such assexual advances and the context in which the alleged incidents occurred The detlegality of a particular action will be made from the facts on a case by case basi

(c) [Reserved]

(d) With respect to conduct between fellow employees an employer is resposexual harassment in the workplace where the employer (or its agents or supervknows or should have known of the conduct unless it can show that it took ipropriate corrective action

(e) An employer may also be responsible for the acts of non-employees with

w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg








(a) Harassment on the basis of sex is a violation of section 703 of title VII [FN1] Unwelcomesexual advances requests for sexual favors and other verbal or physical conduct of a sexual natureconstitute sexual harassment when (1) submission to such conduct is made either explicitly orimplicitly a term or condition of an individuals employment (2) submission to or rejection of suchconduct by an individual is used as the basis for employment decisions affecting such individualor (3) such conduct has the purpose or effect of unreasonably interfering with an individuals workperformance or creating an intimidating hostile or offensive working environment

1 The principles involved here continue to apply to race color religion or national origin

(b) In determining whether alleged conduct constitutes sexual harassment the Commission willlook at the record as a whole and at the totality of the circumstances such as the nature of thesexual advances and the context in which the alleged incidents occurred The determination of thelegality of a particular action will be made from the facts on a case by case basis

(c) [Reserved]

(d) With respect to conduct between fellow employees an employer is responsible for acts ofsexual harassment in the workplace where the employer (or its agents or supervisory employees)knows or should have known of the conduct unless it can show that it took immediate and ap-propriate corrective action

(e) An employer may also be responsible for the acts of non-employees with respect to sexual


Comment [J29] Included in








sect 160411 Sexual har arassment

(a) Harassment on the basis of s sex is a violation of section 703 of title VII [F FN1] Unwelcome sexual advances requests for sexu xual favors and other verbal or physical conduct o of a sexual nature constitute sexual harassment whe when (1) submission to such conduct is made eitther explicitly or implicitly a term or condition of a an individuals employment (2) submission to or r rejection of such conduct by an individual is used as the basis for employment decisions affecting ng such individual or (3) such conduct has the purpo pose or effect of unreasonably interfering with an iindividuals work performance or creating an intim midating hostile or offensive working environmeent

1 The principles involved he d here continue to apply to race color religion or r national origin

(b) In determining whether alleg ged conduct constitutes sexual harassment the CCommission will look at the record as a whole and nd at the totality of the circumstances such as the nature of the sexual advances and the context iin which the alleged incidents occurred The deteermination of the legality of a particular action willl be made from the facts on a case by case basis s

(c) [Reserved]

(d) With respect to conduct betwween fellow employees an employer is respons nsible for acts of sexual harassment in the workplaace where the employer (or its agents or superviisory employees) knows or should have known of f the conduct unless it can show that it took im mmediate and a pshypropriate corrective action

(e) An employer may also be re esponsible for the acts of non-employees with respect to sexual


Comment [J29] Included in n new MHRC Reg





harassment of employees in the workplace where the employer (or its agents or supervisory e mshyployees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action In reviewing these cases the Commission will consider the extent of the emshyployers control and any other legal responsibility which the employer may have with respect to the conduct of such non-employees

(f) Prevention is the best tool for the elimination of sexual harassment An employer should take all steps necessary to prevent sexual harassment from occurring such as affirmatively raising the subject expressing strong disapproval developing appropriate sanctions informing employees of their right to raise and how to raise the issue of harassment under title VII and developing methods to sensitize all concerned


(g) Other related practices Where employment opportunities or benefits are granted because of an individuals submission to the employers sexual advances or requests for sexual favors the emshyployer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity or benefit

[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment

sect 160411 are displayed in separate documents Notes of Deci-(in part) are contained in this document For text of section and29 CFR sect 160411 For Notes of Decisions for subdivisions I andcuments for 29 CFR sect 160411 ante and postgt

ess otherwise noted


78 FR 53369


copy 2013 Thoms

E





ltNotes of Decisions for 29 CF Notes of Deci-sions for subdivisions II and III of section and

references see first document fo ubdivisions I andIII (in part) see



29 C F R sect 160411 29 CFR



29 CFR sect 160411







ltNotes of Decisions for 29 CFR sect 160411 are displayed in separate documentsions for subdivisions II and III (in part) are contained in this document For te

references see first document for 29 CFR sect 160411 For Notes of Decisions forIII (in part) see documents for 29 CFR sect 160411 ante and post



29 C F R sect 160411 29 CFR sect 160411










ltNotes of Decisions for 29 CFR sect 160411 are displayed in separate documents Notes of Deci-sions for subdivisions II and III (in part) are contained in this document For text of section and

references see first document for 29 CFR sect 160411 For Notes of Decisions for subdivisions I andIII (in part) see documents for 29 CFR sect 160411 ante and postgt



29 C F R sect 160411 29 CFR sect 160411









ltNotes of Decisions for 29 CFR R sect 160411 are displayed in separate documents s Notes of Decishysions for subdivisions II and III (in part) are contained in this document For text xt of section and

references see first document for r 29 CFR sect 160411 For Notes of Decisions for ssubdivisions I and III (in part) see do documents for 29 CFR sect 160411 ante and postgtgt







Page 1



rentness


assment

sect 160411 are displayed in separate documents Notes of Deci-) are contained in this document For text of section and refer-FR sect 160411 For Notes of Decisions for subdivisions I to III (in

documents for 29 CFR sect 160411 antegt

ess otherwise noted


78 FR 53369


copy 2013 Thoms

E





ltNotes of Decisions for 29 CF Notes of Deci-sions for subdivision III (in par tion and refer-

ences see first document for 29 isions I to III (inpart) see



29 C F R sect 160411 29 CFR



29 CFR sect 160411







ltNotes of Decisions for 29 CFR sect 160411 are displayed in separate documentsions for subdivision III (in part) are contained in this document For text of se

ences see first document for 29 CFR sect 160411 For Notes of Decisions for subdipart) see documents for 29 CFR sect 160411 antegt



29 C F R sect 160411 29 CFR sect 160411










ltNotes of Decisions for 29 CFR sect 160411 are displayed in separate documents Notes of Deci-sions for subdivision III (in part) are contained in this document For text of section and refer-

ences see first document for 29 CFR sect 160411 For Notes of Decisions for subdivisions I to III (inpart) see documents for 29 CFR sect 160411 antegt



29 C F R sect 160411 29 CFR sect 160411









ltNotes of Decisions for 29 CFR R sect 160411 are displayed in separate documents s Notes of Decishysions for subdivision III (in partt) are contained in this document For text of sec ction and refershy

ences see first document for 29 C CFR sect 160411 For Notes of Decisions for subdivvisions I to III (in part) see documents for 29 CFR sect 160411 antegt







Page 1



rentness


1--Background Information

160411(c) of the Guidelines on Sexual Harassment which setability for harassment by supervisors That section is no longerurt decisions in Burlington Industries Inc v Ellerth 524 US

of Boca Raton 524 US 775 (1998) The Commission has issuedthe Faragher and Ellerth decisions and provides detailed guid-

bility for harassment by supervisors EEOC Enforcement Guid-lity for Unlawful Harassment by Supervisors (61899) EEOC4075 [Binder 3] also available through EEOCs web site at

EEOC Publications Distribution Center at 1ndash800ndash669ndash3362

ess otherwise noted


FR sect 160411 App A

78 FR 53369

29 CFR sect 160411 App A Page 1

copy 2013 Thoms

E




Appendix A t

The Commission has rescinded sment which setforth the standard of employer l tion is no longervalid in light of the Supreme C lerth 524 US742 (1998) and Faragher v City ission has issueda policy document that examine s detailed guid-ance on the issue of vicarious li orcement Guid-ance Vicarious Employer Lia 61899) EEOCCompliance Manual (BNA) N Cs web site atwwweeocgov or by calling t ndash800ndash669ndash3362(voice) 1ndash800ndash800ndash3302 (TTY

[64 FR 58334 Oct 29 1999]



29 C F R sect 160411 App A



29 CFR sect 160411 App A






Appendix A to sect 160411--Background Information

The Commission has rescinded sect 160411(c) of the Guidelines on Sexual Haraforth the standard of employer liability for harassment by supervisors That sevalid in light of the Supreme Court decisions in Burlington Industries Inc v 742 (1998) and Faragher v City of Boca Raton 524 US 775 (1998) The Coma policy document that examines the Faragher and Ellerth decisions and proviance on the issue of vicarious liability for harassment by supervisors EEOCance Vicarious Employer Liability for Unlawful Harassment by SupervisorsCompliance Manual (BNA) N4075 [Binder 3] also available through wwweeocgov or by calling the EEOC Publications Distribution Center at(voice) 1ndash800ndash800ndash3302 (TTY)

[64 FR 58334 Oct 29 1999]



29 C F R sect 160411 App A 29 CFR sect 160411 App A










The Commission has rescinded sect 160411(c) of the Guidelines on Sexual Harassment which setforth the standard of employer liability for harassment by supervisors That section is no longervalid in light of the Supreme Court decisions in Burlington Industries Inc v Ellerth 524 US742 (1998) and Faragher v City of Boca Raton 524 US 775 (1998) The Commission has issueda policy document that examines the Faragher and Ellerth decisions and provides detailed guid-ance on the issue of vicarious liability for harassment by supervisors EEOC Enforcement Guid-ance Vicarious Employer Liability for Unlawful Harassment by Supervisors (61899) EEOCCompliance Manual (BNA) N4075 [Binder 3] also available through EEOCs web site atwwweeocgov or by calling the EEOC Publications Distribution Center at 1ndash800ndash669ndash3362(voice) 1ndash800ndash800ndash3302 (TTY)

[64 FR 58334 Oct 29 1999]











Appendix A to sect 16041 o sect 160411--Background Information

The Commission has rescinded sectsect 160411(c) of the Guidelines on Sexual Haras ssment which set forth the standard of employer liiability for harassment by supervisors That sec ction is no longer valid in light of the Supreme Coourt decisions in Burlington Industries Inc v ElEllerth 524 US 742 (1998) and Faragher v City of Boca Raton 524 US 775 (1998) The Comm mission has issued a policy document that examiness the Faragher and Ellerth decisions and provide des detailed guidshyance on the issue of vicarious lia ability for harassment by supervisors EEOC Enf Enforcement Guidshyance Vicarious Employer Liabi bility for Unlawful Harassment by Supervisors ((61899) EEOC Compliance Manual (BNA) N4075 [Binder 3] also available through EEO EEOCs web site at wwweeocgov or by calling the he EEOC Publications Distribution Center at 11ndash800ndash669ndash3362 (voice) 1ndash800ndash800ndash3302 (TTY) )

[64 FR 58334 Oct 29 1999]



29 C F R sect 160411 App A 29 C 29 CFR sect 160411 App A






Page 1



rentness


PART 1604--QUESTIONS AND ANSWERS ON THEIMINATION ACT PUBL 95ndash555 92 STAT 2076 (1978)

arter signed into law the Pregnancy Discrimination Act (PubLent to title VII of the Civil Rights Act of 1964 which prohibitson in employment on the basis of sex The Pregnancy Discrimi-

cause of sexrdquo or ldquoon the basis of sexrdquo as used in title VII in-sis of pregnancy childbirth or related medical conditionsrdquo

rimination in employment against women affected by pregnancy

hat women affected by pregnancy and related conditions must bes and employees on the basis of their ability or inability to work

against such practices as being fired or refused a job or promo-nt or has had an abortion She usually cannot be forced to go on If other employees who take disability leave are entitled to gete to work again so are women who have been unable to work

h as disability benefits sick leave and health insurance the samee to work for pregnancy-related reasons is entitled to disability

e basis as employees unable to work for other medical reasonsd must cover expenses for pregnancy-related conditions on the

29 CFR Pt 1604 App Page 1

copy 2013 Thoms

E




APPENDIX TO RS ON THEPREGNANCY DIS T 2076 (1978)

Introduction

On October 31 1978 President tion Act (PubL95ndash955) The Act is an amend which prohibitsamong other things discriminat nancy Discrimi-nation Act makes it clear that ldquo d in title VII in-cludes ldquobecause of or on the cal conditionsrdquoTherefore title VII prohibits dis ted by pregnancyor related conditions

The basic principle of the Act is nditions must betreated the same as other applica inability to workA woman is therefore protected a job or promo-tion merely because she is preg forced to go onleave as long as she can still wor re entitled to gettheir jobs back when they are a unable to workbecause of pregnancy

In the area of fringe benefits su urance the sameprinciple applies A woman una itled to disabilitybenefits or sick leave on the sa medical reasonsAlso any health insurance provi onditions on the

29 CFR Pt 1604 App






APPENDIX TO PART 1604--QUESTIONS AND ANSWPREGNANCY DISCRIMINATION ACT PUBL 95ndash555 92 ST

Introduction

On October 31 1978 President Carter signed into law the Pregnancy Discrimi95ndash955) The Act is an amendment to title VII of the Civil Rights Act of 1964 among other things discrimination in employment on the basis of sex The Prenation Act makes it clear that ldquobecause of sexrdquo or ldquoon the basis of sexrdquo as uscludes ldquobecause of or on the basis of pregnancy childbirth or related meTherefore title VII prohibits discrimination in employment against women affeor related conditions

The basic principle of the Act is that women affected by pregnancy and related ctreated the same as other applicants and employees on the basis of their ability orA woman is therefore protected against such practices as being fired or refusetion merely because she is pregnant or has had an abortion She usually cannotleave as long as she can still work If other employees who take disability leavetheir jobs back when they are able to work again so are women who have beebecause of pregnancy

In the area of fringe benefits such as disability benefits sick leave and health iprinciple applies A woman unable to work for pregnancy-related reasons is ebenefits or sick leave on the same basis as employees unable to work for otherAlso any health insurance provided must cover expenses for pregnancy-related







APPENDIX TO PART 1604--QUESTIONS AND ANSWERS ON THEPREGNANCY DISCRIMINATION ACT PUBL 95ndash555 92 STAT 2076 (1978)

Introduction

On October 31 1978 President Carter signed into law the Pregnancy Discrimination Act (PubL95ndash955) The Act is an amendment to title VII of the Civil Rights Act of 1964 which prohibitsamong other things discrimination in employment on the basis of sex The Pregnancy Discrimi-nation Act makes it clear that ldquobecause of sexrdquo or ldquoon the basis of sexrdquo as used in title VII in-cludes ldquobecause of or on the basis of pregnancy childbirth or related medical conditionsrdquoTherefore title VII prohibits discrimination in employment against women affected by pregnancyor related conditions

The basic principle of the Act is that women affected by pregnancy and related conditions must betreated the same as other applicants and employees on the basis of their ability or inability to workA woman is therefore protected against such practices as being fired or refused a job or promo-tion merely because she is pregnant or has had an abortion She usually cannot be forced to go onleave as long as she can still work If other employees who take disability leave are entitled to gettheir jobs back when they are able to work again so are women who have been unable to workbecause of pregnancy

In the area of fringe benefits such as disability benefits sick leave and health insurance the sameprinciple applies A woman unable to work for pregnancy-related reasons is entitled to disabilitybenefits or sick leave on the same basis as employees unable to work for other medical reasonsAlso any health insurance provided must cover expenses for pregnancy-related conditions on the






APPENDIX TO PART 1604--QUESTIONS AND ANSWEERS ON THE PREGNANCY DISCR CRIMINATION ACT PUBL 95ndash555 92 STA AT 2076 (1978)

Introduction

On October 31 1978 President CCarter signed into law the Pregnancy Discrimina nation Act (PubL 95ndash955) The Act is an amendm ment to title VII of the Civil Rights Act of 1964 which prohibits among other things discriminati ion in employment on the basis of sex The Preg gnancy Discrimishynation Act makes it clear that ldquobe because of sexrdquo or ldquoon the basis of sexrdquo as use ed in title VII i nshycludes ldquobecause of or on the babasis of pregnancy childbirth or related medi dical conditionsrdquo Therefore title VII prohibits disc crimination in employment against women affec cted by pregnancy or related conditions

The basic principle of the Act is t that women affected by pregnancy and related co onditions must be treated the same as other applicant nts and employees on the basis of their ability or inability to work A woman is therefore protected against such practices as being fired or refused d a job or promoshytion merely because she is pregna nant or has had an abortion She usually cannot be be forced to go onleave as long as she can still work are entitled to get k If other employees who take disability leave a their jobs back when they are abl ble to work again so are women who have beenn unable to work because of pregnancy

In the area of fringe benefits suc ch as disability benefits sick leave and health ins nsurance the same principle applies A woman unabl ble to work for pregnancy-related reasons is ent ntitled to disability benefits or sick leave on the sam me basis as employees unable to work for other medical reasons Also any health insurance provideded must cover expenses for pregnancy-related cconditions on the



same basis as expenses for other medical conditions However health insurance for expenses arising from abortion is not required except where the life of the mother would be endangered if the fetus were carried to term or where medical complications have arisen from an abortion

Some questions and answers about the Pregnancy Discrimination Act follow Although the quesshytions and answers often use only the term ldquoemployerrdquo the Act--and these questions and an-swers--apply also to unions and other entities covered by title VII

1 Q What is the effective date of the Pregnancy Discrimination Act

A The Act became effective on October 31 1978 except that with respect to fringe benefit proshygrams in effect on that date the Act will take effect 180 days thereafter that is April 29 1979

To the extent that title VII already required employers to treat persons affected by pregnanshycy-related conditions the same as persons affected by other medical conditions the Act does not change employee rights arising prior to October 31 1978 or April 29 1979 Most employment practices relating to pregnancy childbirth and related conditions--whether concerning fringe benefits or other practices--were already controlled by title VII prior to this Act For example title VII has always prohibited an employer from firing or refusing to hire or promote a woman beshycause of pregnancy or related conditions and from failing to accord a woman on pregnanshycy-related leave the same seniority retention and accrual accorded those on other disability leaves

2 Q If an employer had a sick leave policy in effect on October 31 1978 by what date must the employer bring its policy into compliance with the Act

A With respect to payment of benefits an employer has until April 29 1979 to bring into comshypliance any fringe benefit or insurance program including a sick leave policy which was in effect on October 31 1978 However any such policy or program created after October 31 1978 must be in compliance when created

With respect to all aspects of sick leave policy other than payment of benefits such as the terms governing retention and accrual of seniority credit for vacation and resumption of former job on return from sick leave equality of treatment was required by title VII without the Amendment

3 Q Must an employer provide benefits for pregnancy-related conditions to an employee whose pregnancy begins prior to April 29 1979 and continues beyond that date



A As of April 29 1979 the effective date of the Acts requirements an employer must provide the same benefits for pregnancy-related conditions as it provides for other conditions regardless of when the pregnancy began Thus disability benefits must be paid for all absences on or after April 29 1979 resulting from pregnancy-related temporary disabilities to the same extent as they are paid for absences resulting from other temporary disabilities For example if an employee gives birth before April 29 1979 but is still unable to work on or after that date she is entitled to the same disability benefits available to other employees Similarly medical insurance benefits must be paid for pregnancy-related expenses incurred on or after April 29 1979

If an employer requires an employee to be employed for a predetermined period prior to being eligible for insurance coverage the period prior to April 29 1979 during which a pregnant emshyployee has been employed must be credited toward the eligibility waiting period on the same basis as for any other employee

As to any programs instituted for the first time after October 31 1978 coverage for pregnanshycy-related conditions must be provided in the same manner as for other medical conditions

4 Q Would the answer to the preceding question be the same if the employee became pregnant prior to October 31 1978

A Yes

5 Q If for pregnancy-related reasons an employee is unable to perform the functions of her job does the employer have to provide her an alternative job

A An employer is required to treat an employee temporarily unable to perform the functions of her job because of her pregnancy-related condition in the same manner as it treats other temporarily disabled employees whether by providing modified tasks alternative assignments disability leaves leaves without pay etc For example a womans primary job function may be the operation of a machine and incidental to that function she may carry materials to and from the machine If other employees temporarily unable to lift are relieved of these functions pregnant employees also unable to lift must be temporarily relieved of the function

6 Q What procedures may an employer use to determine whether to place on leave as unable to work a pregnant employee who claims she is able to work or deny leave to a pregnant employee



who claims that she is disabled from work

A An employer may not single out pregnancy-related conditions for special procedures for deshytermining an employees ability to work However an employer may use any procedure used to determine the ability of all employees to work For example if an employer requires its employees to submit a doctors statement concerning their inability to work before granting leave or paying sick benefits the employer may require employees affected by pregnancy-related conditions to submit such statement Similarly if an employer allows its employees to obtain doctors stateshyments from their personal physicians for absences due to other disabilities or return dates from other disabilities it must accept doctors statements from personal physicians for absences and return dates connected with pregnancy-related disabilities

7 Q Can an employer have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth

A No

8 Q If an employee has been absent from work as a result of a pregnancy-related condition and recovers may her employer require her to remain on leave until after her baby is born

A No An employee must be permitted to work at all times during pregnancy when she is able to perform her job

9 Q Must an employer hold open the job of an employee who is absent on leave because she is temporarily disabled by pregnancy-related conditions

A Unless the employee on leave has informed the employer that she does not intend to return to work her job must be held open for her return on the same basis as jobs are held open for e mshyployees on sick or disability leave for other reasons

10 Q May an employers policy concerning the accrual and crediting of seniority during absences for medical conditions be different for employees affected by pregnancy-related conditions than for other employees

A No An employers seniority policy must be the same for employees absent for pregnanshycy-related reasons as for those absent for other medical reasons



11 Q For purposes of calculating such matters as vacations and pay increases may an employer credit time spent on leave for pregnancy-related reasons differently than time spent on leave for other reasons

A No An employers policy with respect to crediting time for the purpose of calculating such matters as vacations and pay increases cannot treat employees on leave for pregnancy-related reasons less favorably than employees on leave for other reasons For example if employees on leave for medical reasons are credited with the time spent on leave when computing entitlement to vacation or pay raises an employee on leave for pregnancy-related disability is entitled to the same kind of time credit

12 Q Must an employer hire a woman who is medically unable because of a pregnancy-related condition to perform a necessary function of a job

A An employer cannot refuse to hire a women because of her pregnancy-related condition so long as she is able to perform the major functions necessary to the job Nor can an employer refuse to hire her because of its preferences against pregnant workers or the preferences of co-workers clients or customers

13 Q May an employer limit disability benefits for pregnancy-related conditions to married emshyployees

A No

14 Q If an employer has an all female workforce or job classification must benefits be provided for pregnancy-related conditions

A Yes If benefits are provided for other conditions they must also be provided for pregnanshycy-related conditions

15 Q For what length of time must an employer who provides income maintenance benefits for temporary disabilities provide such benefits for pregnancy-related disabilities

A Benefits should be provided for as long as the employee is unable to work for medical reasons unless some other limitation is set for all other temporary disabilities in which case pregnanshy



cy-related disabilities should be treated the same as other temporary disabilities

16 Q Must an employer who provides benefits for long-term or permanent disabilities provide such benefits for pregnancy-related conditions

A Yes Benefits for long-term or permanent disabilities resulting from pregnancy-related condishytions must be provided to the same extent that such benefits are provided for other conditions which result in long-term or permanent disability

17 Q If an employer provides benefits to employees on leave such as installment purchase disshyability insurance payment of premiums for health life or other insurance continued payments into pension saving or profit sharing plans must the same benefits be provided for those on leave for pregnancy-related conditions

A Yes the employer must provide the same benefits for those on leave for pregnancy-related conditions as for those on leave for other reasons

18 Q Can an employee who is absent due to a pregnancy-related disability be required to exhaust vacation benefits before receiving sick leave pay or disability benefits

A No If employees who are absent because of other disabling causes receive sick leave pay or disability benefits without any requirement that they first exhaust vacation benefits the employer cannot impose this requirement on an employee absent for a pregnancy-related cause

18 (A) Q Must an employer grant leave to a female employee for childcare purposes after she is medically able to return to work following leave necessitated by pregnancy childbirth or related medical conditions

A While leave for childcare purposes is not covered by the Pregnancy Discrimination Act ordishynary title VII principles would require that leave for childcare purposes be granted on the same basis as leave which is granted to employees for other non-medical reasons For example if an employer allows its employees to take leave without pay or accrued annual leave for travel or education which is not job related the same type of leave must be granted to those who wish to remain on leave for infant care even though they are medically able to return to work

19 Q If State law requires an employer to provide disability insurance for a specified period



before and after childbirth does compliance with the State law fulfill the employers obligation under the Pregnancy Discrimination Act

A Not necessarily It is an employers obligation to treat employees temporarily disabled by pregnancy in the same manner as employees affected by other temporary disabilities Therefore any restrictions imposed by State law on benefits for pregnancy-related disabilities but not for other disabilities do not excuse the employer from treating the individuals in both groups of e mshyployees the same If for example a State law requires an employer to pay a maximum of 26 weeks benefits for disabilities other than pregnancy-related ones but only six weeks for pregnanshycy-related disabilities the employer must provide benefits for the additional weeks to an employee disabled by pregnancy-related conditions up to the maximum provided other disabled employees

20 Q If a State or local government provides its own employees income maintenance benefits for disabilities may it provide different benefits for disabilities arising from pregnancy-related conshyditions than for disabilities arising from other conditions

A No State and local governments as employers are subject to the Pregnancy Discrimination Act in the same way as private employers and must bring their employment practices and proshygrams into compliance with the Act including disability and health insurance programs

21 Q Must an employer provide health insurance coverage for the medical expenses of pre gshynancy-related conditions of the spouses of male employees Of the dependents of all employees

A Where an employer provides no coverage for dependents the employer is not required to inshystitute such coverage However if an employers insurance program covers the medical expenses of spouses of female employees then it must equally cover the medical expenses of spouses of male employees including those arising from pregnancy-related conditions

But the insurance does not have to cover the pregnancy-related conditions of other dependents as long as it excludes the pregnancy-related conditions of the dependents of male and female emshyployees equally

22 Q Must an employer provide the same level of health insurance coverage for the pregnanshycy-related medical conditions of the spouses of male employees as it provides for its female emshyployees



A No It is not necessary to provide the same level of coverage for the pregnancy-related medical conditions of spouses of male employees as for female employees However where the employer provides coverage for the medical conditions of the spouses of its employees then the level of coverage for pregnancy-related medical conditions of the spouses of male employees must be the same as the level of coverage for all other medical conditions of the spouses of female employees For example if the employer covers employees for 100 percent of reasonable and customary exshypenses sustained for a medical condition but only covers dependent spouses for 50 percent of reasonable and customary expenses for their medical conditions the pregnancy-related expenses of the male employees spouse must be covered at the 50 percent level

23 Q May an employer offer optional dependent coverage which excludes pregnancy-related medical conditions or offers less coverage for pregnancy-related medical conditions where the total premium for the optional coverage is paid by the employee

A No Pregnancy-related medical conditions must be treated the same as other medical conditions under any health or disability insurance or sick leave plan available in connection with employshyment regardless of who pays the premiums

24 Q Where an employer provides its employees a choice among several health insurance plans must coverage for pregnancy-related conditions be offered in all of the plans

A Yes Each of the plans must cover pregnancy-related conditions For example an employee with a single coverage policy cannot be forced to purchase a more expensive family coverage policy in order to receive coverage for her own pregnancy-related condition

25 Q On what basis should an employee be reimbursed for medical expenses arising from pregnancy childbirth or related conditions

A Pregnancy-related expenses should be reimbursed in the same manner as are expenses incurred for other medical conditions Therefore whether a plan reimburses the employees on a fixed basis or a percentage of reasonable and customary charge basis the same basis should be used for r eshyimbursement of expenses incurred for pregnancy-related conditions Furthermore if medical costs for pregnancy-related conditions increase reevaluation of the reimbursement level should be conducted in the same manner as are cost reevaluations of increases for other medical conditions

Coverage provided by a health insurance program for other conditions must be provided for



pregnancy-related conditions For example if a plan provides major medical coverage pregnanshycy-related conditions must be so covered Similarly if a plan covers the cost of a private room for other conditions the plan must cover the cost of a private room for pregnancy-related conditions Finally where a health insurance plan covers office visits to physicians pre-natal and post-natal visits must be included in such coverage

26 Q May an employer limit payment of costs for pregnancy-related medical conditions to a specified dollar amount set forth in an insurance policy collective bargaining agreement or other statement of benefits to which an employee is entitled

A The amounts payable for the costs incurred for pregnancy-related conditions can be limited only to the same extent as are costs for other conditions Maximum recoverable dollar amounts may be specified for pregnancy-related conditions if such amounts are similarly specified for other conditions and so long as the specified amounts in all instances cover the same proportion of actual costs If in addition to the scheduled amount for other procedures additional costs are paid for either directly or indirectly by the employer such additional payments must also be paid for pregnancy-related procedures

27 Q May an employer impose a different deductible for payment of costs for pregnancy-related medical conditions than for costs of other medical conditions

A No Neither an additional deductible an increase in the usual deductible nor a larger deductible can be imposed for coverage for pregnancy-related medical costs whether as a condition for inshyclusion of pregnancy-related costs in the policy or for payment of the costs when incurred Thus if pregnancy-related costs are the first incurred under the policy the employee is required to pay only the same deductible as would otherwise be required had other medical costs been the first incurred Once this deductible has been paid no additional deductible can be required for other medical procedures If the usual deductible has already been paid for other medical procedures no add ishytional deductible can be required when pregnancy-related costs are later incurred

28 Q If a health insurance plan excludes the payment of benefits for any conditions existing at the time the insureds coverage becomes effective (pre-existing condition clause) can benefits be denied for medical costs arising from a pregnancy existing at the time the coverage became efshyfective

A Yes However such benefits cannot be denied unless the pre-existing condition clause also



excludes benefits for other pre-existing conditions in the same way

29 Q If an employers insurance plan provides benefits after the insureds employment has ended (ie extended benefits) for costs connected with pregnancy and delivery where conception ocshycurred while the insured was working for the employer but not for the costs of any other medical condition which began prior to termination of employment may an employer (a) continue to pay these extended benefits for pregnancy-related medical conditions but not for other medical conshyditions or (b) terminate these benefits for pregnancy-related conditions

A Where a health insurance plan currently provides extended benefits for other medical condishytions on a less favorable basis than for pregnancy-related medical conditions extended benefits must be provided for other medical conditions on the same basis as for pregnancy-related medical conditions Therefore an employer can neither continue to provide less benefits for other medical conditions nor reduce benefits currently paid for pregnancy-related medical conditions

30 Q Where an employers health insurance plan currently requires total disability as a prereqshyuisite for payment of extended benefits for other medical conditions but not for pregnancy-related costs may the employer now require total disability for payment of benefits for pregnancy-related medical conditions as well

A Since extended benefits cannot be reduced in order to come into compliance with the Act a more stringent prerequisite for payment of extended benefits for pregnancy-related medical conshyditions such as a requirement for total disability cannot be imposed Thus in this instance in order to comply with the Act the employer must treat other medical conditions as pregnanshycy-related conditions are treated

31 Q Can the added cost of bringing benefit plans into compliance with the Act be apportioned between the employer and employee

A The added cost if any can be apportioned between the employer and employee in the same proportion that the cost of the fringe benefit plan was apportioned on October 31 1978 if that apportionment was nondiscriminatory If the costs were not apportioned on October 31 1978 they may not be apportioned in order to come into compliance with the Act However in no circumshystance may male or female employees be required to pay unequal apportionments on the basis of sex or pregnancy



32 Q In order to come into compliance with the Act may an employer reduce benefits or comshypensation

A In order to come into compliance with the Act benefits or compensation which an employer was paying on October 31 1978 cannot be reduced before October 31 1979 or before the expishyration of a collective bargaining agreement in effect on October 31 1978 whichever is later

Where an employer has not been in compliance with the Act by the times specified in the Act and attempts to reduce benefits or compensation the employer may be required to remedy its practices in accord with ordinary title VII remedial principles

33 Q Can an employer self-insure benefits for pregnancy-related conditions if it does not self-insure benefits for other medical conditions

A Yes so long as the benefits are the same In measuring whether benefits are the same factors other than the dollar coverage paid should be considered Such factors include the range of choice of physicians and hospitals and the processing and promptness of payment of claims

34 Q Can an employer discharge refuse to hire or otherwise discriminate against a woman beshycause she has had an abortion

A No An employer cannot discriminate in its employment practices against a woman who has had an abortion

35 Q Is an employer required to provide fringe benefits for abortions if fringe benefits are pr oshyvided for other medical conditions

A All fringe benefits other than health insurance such as sick leave which are provided for other medical conditions must be provided for abortions Health insurance however need be provided for abortions only where the life of the woman would be endangered if the fetus were carried to term or where medical complications arise from an abortion

36 Q If complications arise during the course of an abortion as for instance excessive hemorshyrhaging must an employers health insurance plan cover the additional cost due to the complic ashytions of the abortion



A Yes The plan is required to pay those additional costs attributable to the complications of the abortion However the employer is not required to pay for the abortion itself except where the life of the mother would be endangered if the fetus were carried to term

37 Q May an employer elect to provide insurance coverage for abortions

A Yes The Act specifically provides that an employer is not precluded from providing benefits for abortions whether directly or through a collective bargaining agreement but if an employer decides to cover the costs of abortion the employer must do so in the same manner and to the same degree as it covers other medical conditions

[44 FR 23805 Apr 20 1979]



29 C F R Pt 1604 App 29 CFR Pt 1604 App




Page 1



rentness


a fide occupational qualification

at the bona fide occupational qualification exception as to sexLabel--ldquoMens jobsrdquo and ldquoWomens jobsrdquo--tend to deny em-

arily to one sex or the other

that the following situations do not warrant the application of theication exception

an because of her sex based on assumptions of the comparativef women in general For example the assumption that the turn-gher than among men

vidual based on stereotyped characterizations of the sexes Suchple that men are less capable of assembling intricate equipmentof aggressive salesmanship The principle of nondiscriminationnsidered on the basis of individual capacities and not on the basisly attributed to the group

vidual because of the preferences of coworkers the employercovered specifically in paragraph (a)(2) of this section

the purpose of authenticity or genuineness the Commission will occupational qualification eg an actor or actress







copy 2013 Thoms

E




sect 16042 Sex as a b

(a) The commission believes t eption as to sexshould be interpreted narrowly nd to deny em-ployment opportunities unneces

(1) The Commission will fi pplication of thebona fide occupational quali

(i) The refusal to hire a the comparativeemployment characteristics ion that the turn-over rate among women is

(ii) The refusal to hire an i f the sexes Suchstereotypes include for exa icate equipmentthat women are less capable ndiscriminationrequires that individuals be c not on the basisof any characteristics genera

(iii) The refusal to hire an i rs the employerclients or customers except a section

(2) Where it is necessary for ommission willconsider sex to be a bona fid ress






29 CFR sect 16042







(a) The commission believes that the bona fide occupational qualification exshould be interpreted narrowly Label--ldquoMens jobsrdquo and ldquoWomens jobsrdquo--tployment opportunities unnecessarily to one sex or the other

(1) The Commission will find that the following situations do not warrant thebona fide occupational qualification exception

(i) The refusal to hire a woman because of her sex based on assumptions oemployment characteristics of women in general For example the assumpover rate among women is higher than among men

(ii) The refusal to hire an individual based on stereotyped characterizationsstereotypes include for example that men are less capable of assembling intthat women are less capable of aggressive salesmanship The principle ofrequires that individuals be considered on the basis of individual capacities aof any characteristics generally attributed to the group

(iii) The refusal to hire an individual because of the preferences of coworkclients or customers except as covered specifically in paragraph (a)(2) of thi

(2) Where it is necessary for the purpose of authenticity or genuineness theconsider sex to be a bona fide occupational qualification eg an actor or ac

Reg says BFOQrdquo which is con-v 635 A2d 943

eg

eg

eg

eg








(a) The commission believes that the bona fide occupational qualification exception as to sexshould be interpreted narrowly Label--ldquoMens jobsrdquo and ldquoWomens jobsrdquo--tend to deny em-ployment opportunities unnecessarily to one sex or the other

(1) The Commission will find that the following situations do not warrant the application of thebona fide occupational qualification exception

(i) The refusal to hire a woman because of her sex based on assumptions of the comparativeemployment characteristics of women in general For example the assumption that the turn-over rate among women is higher than among men

(ii) The refusal to hire an individual based on stereotyped characterizations of the sexes Suchstereotypes include for example that men are less capable of assembling intricate equipmentthat women are less capable of aggressive salesmanship The principle of nondiscriminationrequires that individuals be considered on the basis of individual capacities and not on the basisof any characteristics generally attributed to the group

(iii) The refusal to hire an individual because of the preferences of coworkers the employerclients or customers except as covered specifically in paragraph (a)(2) of this section

(2) Where it is necessary for the purpose of authenticity or genuineness the Commission willconsider sex to be a bona fide occupational qualification eg an actor or actress

Comment [J4] (a) New MHRmust be construed ldquovery narrowlsistent with LeBlond v Sentinel S944 (Me 1993










sect 16042 Sex as a bon ona fide occupational qualification

(a) The commission believes th hat the bona fide occupational qualification exc ception as to sex should be interpreted narrowly Label--ldquoMens jobsrdquo and ldquoWomens jobsrdquo--te end to deny emshyployment opportunities unnecess sarily to one sex or the other

(1) The Commission will findnd that the following situations do not warrant the aapplication of the bona fide occupational qualif fication exception

(i) The refusal to hire a wom woman because of her sex based on assumptions of f the comparative employment characteristics o of women in general For example the assumpttion that the turnshyover rate among women is hi higher than among men

(ii) The refusal to hire an indi ndividual based on stereotyped characterizations o of the sexes Such stereotypes include for exam mple that men are less capable of assembling intr ricate equipment that women are less capable of aggressive salesmanship The principle of no nondiscrimination requires that individuals be co onsidered on the basis of individual capacities and nd not on the basis of any characteristics general lly attributed to the group

(iii) The refusal to hire an indi ndividual because of the preferences of coworke ers the employer clients or customers except ass covered specifically in paragraph (a)(2) of this s section

(2) Where it is necessary for the purpose of authenticity or genuineness the CCommission will consider sex to be a bona fide e occupational qualification eg an actor or act tress


Comment [J4] (a) New MHRC must be construed ldquovery narrowly sistent with LeBlond v Sentinel Ser 944 (Me 1993

C Reg says BFOQ yrdquo which is con-erv 635 A2d 943





Reg

Reg
















29 C F R sect 16042 29 CFR sect 16042





Page 1



rentness










78 FR 53369




copy 2013 Thoms

E











29 C F R sect 16043 29 CFR




29 CFR sect 16043













29 C F R sect 16043 29 CFR sect 16043


Reg

Reg














29 C F R sect 16043 29 CFR sect 16043
























Page 1



rentness







ess otherwise noted


78 FR 53369



copy 2013 Thoms

E









29 C F R sect 16044 29 CFR




29 CFR sect 16044











29 C F R sect 16044 29 CFR sect 16044















29 C F R sect 16044 29 CFR sect 16044





















Page 1



rentness


unities advertising



ess otherwise noted


78 FR 53369



copy 2013 Thoms

E








29 C F R sect 16045 29 CFR




29 CFR sect 16045










29 C F R sect 16045 29 CFR sect 16045






ication or dis-











29 C F R sect 16045 29 CFR sect 16045



















Page 1



rentness


nt agencies








ess otherwise noted




copy 2013 Thoms

E




sect 16046 Employm







29 CFR sect 16046












included in




















e included in








29 C F R sect 16046 29 CFR sect 16046




Page 1



rentness




ess otherwise noted


78 FR 53369



copy 2013 Thoms

E




sect 16047 Pre-empl




29 C F R sect 16047 29 CFR




29 CFR sect 16047










29 C F R sect 16047 29 CFR sect 16047














29 C F R sect 16047 29 CFR sect 16047



















Page 1



rentness






ess otherwise noted


78 FR 53369



copy 2013 Thoms

E










29 C F R sect 16048 29 CFR




29 CFR sect 16048












29 C F R sect 16048 29 CFR sect 16048
















29 C F R sect 16048 29 CFR sect 16048




















Page 1



rentness


efits










copy 2013 Thoms

E













29 CFR sect 16049












w MHRC Reg

w MHRC Reg

w MHRC Reg































ew MHRC Reg

ew MHRC Reg







29 C F R sect 16049 29 CFR sect 16049






Page 1



rentness













copy 2013 Thoms

E












29 CFR sect 160410











w MHRC Reg

w MHRC Reg

w MHRC Reg
































[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410





Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]






















29 C F R sect 16042 29 CFR sect 16042





Page 1



rentness










78 FR 53369




copy 2013 Thoms

E











29 C F R sect 16043 29 CFR




29 CFR sect 16043













29 C F R sect 16043 29 CFR sect 16043


Reg

Reg














29 C F R sect 16043 29 CFR sect 16043
























Page 1



rentness







ess otherwise noted


78 FR 53369



copy 2013 Thoms

E









29 C F R sect 16044 29 CFR




29 CFR sect 16044











29 C F R sect 16044 29 CFR sect 16044















29 C F R sect 16044 29 CFR sect 16044





















Page 1



rentness


unities advertising



ess otherwise noted


78 FR 53369



copy 2013 Thoms

E








29 C F R sect 16045 29 CFR




29 CFR sect 16045










29 C F R sect 16045 29 CFR sect 16045






ication or dis-











29 C F R sect 16045 29 CFR sect 16045



















Page 1



rentness


nt agencies








ess otherwise noted




copy 2013 Thoms

E




sect 16046 Employm







29 CFR sect 16046












included in




















e included in








29 C F R sect 16046 29 CFR sect 16046




Page 1



rentness




ess otherwise noted


78 FR 53369



copy 2013 Thoms

E




sect 16047 Pre-empl




29 C F R sect 16047 29 CFR




29 CFR sect 16047










29 C F R sect 16047 29 CFR sect 16047














29 C F R sect 16047 29 CFR sect 16047



















Page 1



rentness






ess otherwise noted


78 FR 53369



copy 2013 Thoms

E










29 C F R sect 16048 29 CFR




29 CFR sect 16048












29 C F R sect 16048 29 CFR sect 16048
















29 C F R sect 16048 29 CFR sect 16048




















Page 1



rentness


efits










copy 2013 Thoms

E













29 CFR sect 16049












w MHRC Reg

w MHRC Reg

w MHRC Reg































ew MHRC Reg

ew MHRC Reg







29 C F R sect 16049 29 CFR sect 16049






Page 1



rentness













copy 2013 Thoms

E












29 CFR sect 160410











w MHRC Reg

w MHRC Reg

w MHRC Reg
































[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410





Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]













29 C F R sect 16042 29 CFR sect 16042





Page 1



rentness










78 FR 53369




copy 2013 Thoms

E











29 C F R sect 16043 29 CFR




29 CFR sect 16043













29 C F R sect 16043 29 CFR sect 16043


Reg

Reg














29 C F R sect 16043 29 CFR sect 16043
























Page 1



rentness







ess otherwise noted


78 FR 53369



copy 2013 Thoms

E









29 C F R sect 16044 29 CFR




29 CFR sect 16044











29 C F R sect 16044 29 CFR sect 16044















29 C F R sect 16044 29 CFR sect 16044





















Page 1



rentness


unities advertising



ess otherwise noted


78 FR 53369



copy 2013 Thoms

E








29 C F R sect 16045 29 CFR




29 CFR sect 16045










29 C F R sect 16045 29 CFR sect 16045






ication or dis-











29 C F R sect 16045 29 CFR sect 16045



















Page 1



rentness


nt agencies








ess otherwise noted




copy 2013 Thoms

E




sect 16046 Employm







29 CFR sect 16046












included in




















e included in








29 C F R sect 16046 29 CFR sect 16046




Page 1



rentness




ess otherwise noted


78 FR 53369



copy 2013 Thoms

E




sect 16047 Pre-empl




29 C F R sect 16047 29 CFR




29 CFR sect 16047










29 C F R sect 16047 29 CFR sect 16047














29 C F R sect 16047 29 CFR sect 16047



















Page 1



rentness






ess otherwise noted


78 FR 53369



copy 2013 Thoms

E










29 C F R sect 16048 29 CFR




29 CFR sect 16048












29 C F R sect 16048 29 CFR sect 16048
















29 C F R sect 16048 29 CFR sect 16048




















Page 1



rentness


efits










copy 2013 Thoms

E













29 CFR sect 16049












w MHRC Reg

w MHRC Reg

w MHRC Reg































ew MHRC Reg

ew MHRC Reg







29 C F R sect 16049 29 CFR sect 16049






Page 1



rentness













copy 2013 Thoms

E












29 CFR sect 160410











w MHRC Reg

w MHRC Reg

w MHRC Reg
































[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410





Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]







Page 1



rentness










78 FR 53369




copy 2013 Thoms

E











29 C F R sect 16043 29 CFR




29 CFR sect 16043













29 C F R sect 16043 29 CFR sect 16043


Reg

Reg














29 C F R sect 16043 29 CFR sect 16043
























Page 1



rentness







ess otherwise noted


78 FR 53369



copy 2013 Thoms

E









29 C F R sect 16044 29 CFR




29 CFR sect 16044











29 C F R sect 16044 29 CFR sect 16044















29 C F R sect 16044 29 CFR sect 16044





















Page 1



rentness


unities advertising



ess otherwise noted


78 FR 53369



copy 2013 Thoms

E








29 C F R sect 16045 29 CFR




29 CFR sect 16045










29 C F R sect 16045 29 CFR sect 16045






ication or dis-











29 C F R sect 16045 29 CFR sect 16045



















Page 1



rentness


nt agencies








ess otherwise noted




copy 2013 Thoms

E




sect 16046 Employm







29 CFR sect 16046












included in




















e included in








29 C F R sect 16046 29 CFR sect 16046




Page 1



rentness




ess otherwise noted


78 FR 53369



copy 2013 Thoms

E




sect 16047 Pre-empl




29 C F R sect 16047 29 CFR




29 CFR sect 16047










29 C F R sect 16047 29 CFR sect 16047














29 C F R sect 16047 29 CFR sect 16047



















Page 1



rentness






ess otherwise noted


78 FR 53369



copy 2013 Thoms

E










29 C F R sect 16048 29 CFR




29 CFR sect 16048












29 C F R sect 16048 29 CFR sect 16048
















29 C F R sect 16048 29 CFR sect 16048




















Page 1



rentness


efits










copy 2013 Thoms

E













29 CFR sect 16049












w MHRC Reg

w MHRC Reg

w MHRC Reg































ew MHRC Reg

ew MHRC Reg







29 C F R sect 16049 29 CFR sect 16049






Page 1



rentness













copy 2013 Thoms

E












29 CFR sect 160410











w MHRC Reg

w MHRC Reg

w MHRC Reg
































[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410





Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]










Page 1



rentness







ess otherwise noted


78 FR 53369



copy 2013 Thoms

E









29 C F R sect 16044 29 CFR




29 CFR sect 16044











29 C F R sect 16044 29 CFR sect 16044















29 C F R sect 16044 29 CFR sect 16044





















Page 1



rentness


unities advertising



ess otherwise noted


78 FR 53369



copy 2013 Thoms

E








29 C F R sect 16045 29 CFR




29 CFR sect 16045










29 C F R sect 16045 29 CFR sect 16045






ication or dis-











29 C F R sect 16045 29 CFR sect 16045



















Page 1



rentness


nt agencies








ess otherwise noted




copy 2013 Thoms

E




sect 16046 Employm







29 CFR sect 16046












included in




















e included in








29 C F R sect 16046 29 CFR sect 16046




Page 1



rentness




ess otherwise noted


78 FR 53369



copy 2013 Thoms

E




sect 16047 Pre-empl




29 C F R sect 16047 29 CFR




29 CFR sect 16047










29 C F R sect 16047 29 CFR sect 16047














29 C F R sect 16047 29 CFR sect 16047



















Page 1



rentness






ess otherwise noted


78 FR 53369



copy 2013 Thoms

E










29 C F R sect 16048 29 CFR




29 CFR sect 16048












29 C F R sect 16048 29 CFR sect 16048
















29 C F R sect 16048 29 CFR sect 16048




















Page 1



rentness


efits










copy 2013 Thoms

E













29 CFR sect 16049












w MHRC Reg

w MHRC Reg

w MHRC Reg































ew MHRC Reg

ew MHRC Reg







29 C F R sect 16049 29 CFR sect 16049






Page 1



rentness













copy 2013 Thoms

E












29 CFR sect 160410











w MHRC Reg

w MHRC Reg

w MHRC Reg
































[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410





Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]







Page 1



rentness







ess otherwise noted


78 FR 53369



copy 2013 Thoms

E









29 C F R sect 16044 29 CFR




29 CFR sect 16044











29 C F R sect 16044 29 CFR sect 16044















29 C F R sect 16044 29 CFR sect 16044





















Page 1



rentness


unities advertising



ess otherwise noted


78 FR 53369



copy 2013 Thoms

E








29 C F R sect 16045 29 CFR




29 CFR sect 16045










29 C F R sect 16045 29 CFR sect 16045






ication or dis-











29 C F R sect 16045 29 CFR sect 16045



















Page 1



rentness


nt agencies








ess otherwise noted




copy 2013 Thoms

E




sect 16046 Employm







29 CFR sect 16046












included in




















e included in








29 C F R sect 16046 29 CFR sect 16046




Page 1



rentness




ess otherwise noted


78 FR 53369



copy 2013 Thoms

E




sect 16047 Pre-empl




29 C F R sect 16047 29 CFR




29 CFR sect 16047










29 C F R sect 16047 29 CFR sect 16047














29 C F R sect 16047 29 CFR sect 16047



















Page 1



rentness






ess otherwise noted


78 FR 53369



copy 2013 Thoms

E










29 C F R sect 16048 29 CFR




29 CFR sect 16048












29 C F R sect 16048 29 CFR sect 16048
















29 C F R sect 16048 29 CFR sect 16048




















Page 1



rentness


efits










copy 2013 Thoms

E













29 CFR sect 16049












w MHRC Reg

w MHRC Reg

w MHRC Reg































ew MHRC Reg

ew MHRC Reg







29 C F R sect 16049 29 CFR sect 16049






Page 1



rentness













copy 2013 Thoms

E












29 CFR sect 160410











w MHRC Reg

w MHRC Reg

w MHRC Reg
































[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410





Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]







Page 1



rentness


unities advertising



ess otherwise noted


78 FR 53369



copy 2013 Thoms

E








29 C F R sect 16045 29 CFR




29 CFR sect 16045










29 C F R sect 16045 29 CFR sect 16045






ication or dis-











29 C F R sect 16045 29 CFR sect 16045



















Page 1



rentness


nt agencies








ess otherwise noted




copy 2013 Thoms

E




sect 16046 Employm







29 CFR sect 16046












included in




















e included in








29 C F R sect 16046 29 CFR sect 16046




Page 1



rentness




ess otherwise noted


78 FR 53369



copy 2013 Thoms

E




sect 16047 Pre-empl




29 C F R sect 16047 29 CFR




29 CFR sect 16047










29 C F R sect 16047 29 CFR sect 16047














29 C F R sect 16047 29 CFR sect 16047



















Page 1



rentness






ess otherwise noted


78 FR 53369



copy 2013 Thoms

E










29 C F R sect 16048 29 CFR




29 CFR sect 16048












29 C F R sect 16048 29 CFR sect 16048
















29 C F R sect 16048 29 CFR sect 16048




















Page 1



rentness


efits










copy 2013 Thoms

E













29 CFR sect 16049












w MHRC Reg

w MHRC Reg

w MHRC Reg































ew MHRC Reg

ew MHRC Reg







29 C F R sect 16049 29 CFR sect 16049






Page 1



rentness













copy 2013 Thoms

E












29 CFR sect 160410











w MHRC Reg

w MHRC Reg

w MHRC Reg
































[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410





Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]







Page 1



rentness


nt agencies








ess otherwise noted




copy 2013 Thoms

E




sect 16046 Employm







29 CFR sect 16046












included in




















e included in








29 C F R sect 16046 29 CFR sect 16046




Page 1



rentness




ess otherwise noted


78 FR 53369



copy 2013 Thoms

E




sect 16047 Pre-empl




29 C F R sect 16047 29 CFR




29 CFR sect 16047










29 C F R sect 16047 29 CFR sect 16047














29 C F R sect 16047 29 CFR sect 16047



















Page 1



rentness






ess otherwise noted


78 FR 53369



copy 2013 Thoms

E










29 C F R sect 16048 29 CFR




29 CFR sect 16048












29 C F R sect 16048 29 CFR sect 16048
















29 C F R sect 16048 29 CFR sect 16048




















Page 1



rentness


efits










copy 2013 Thoms

E













29 CFR sect 16049












w MHRC Reg

w MHRC Reg

w MHRC Reg































ew MHRC Reg

ew MHRC Reg







29 C F R sect 16049 29 CFR sect 16049






Page 1



rentness













copy 2013 Thoms

E












29 CFR sect 160410











w MHRC Reg

w MHRC Reg

w MHRC Reg
































[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410





Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]








29 C F R sect 16046 29 CFR sect 16046




Page 1



rentness




ess otherwise noted


78 FR 53369



copy 2013 Thoms

E




sect 16047 Pre-empl




29 C F R sect 16047 29 CFR




29 CFR sect 16047










29 C F R sect 16047 29 CFR sect 16047














29 C F R sect 16047 29 CFR sect 16047



















Page 1



rentness






ess otherwise noted


78 FR 53369



copy 2013 Thoms

E










29 C F R sect 16048 29 CFR




29 CFR sect 16048












29 C F R sect 16048 29 CFR sect 16048
















29 C F R sect 16048 29 CFR sect 16048




















Page 1



rentness


efits










copy 2013 Thoms

E













29 CFR sect 16049












w MHRC Reg

w MHRC Reg

w MHRC Reg































ew MHRC Reg

ew MHRC Reg







29 C F R sect 16049 29 CFR sect 16049






Page 1



rentness













copy 2013 Thoms

E












29 CFR sect 160410











w MHRC Reg

w MHRC Reg

w MHRC Reg
































[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410





Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]







Page 1



rentness




ess otherwise noted


78 FR 53369



copy 2013 Thoms

E




sect 16047 Pre-empl




29 C F R sect 16047 29 CFR




29 CFR sect 16047










29 C F R sect 16047 29 CFR sect 16047














29 C F R sect 16047 29 CFR sect 16047



















Page 1



rentness






ess otherwise noted


78 FR 53369



copy 2013 Thoms

E










29 C F R sect 16048 29 CFR




29 CFR sect 16048












29 C F R sect 16048 29 CFR sect 16048
















29 C F R sect 16048 29 CFR sect 16048




















Page 1



rentness


efits










copy 2013 Thoms

E













29 CFR sect 16049












w MHRC Reg

w MHRC Reg

w MHRC Reg































ew MHRC Reg

ew MHRC Reg







29 C F R sect 16049 29 CFR sect 16049






Page 1



rentness













copy 2013 Thoms

E












29 CFR sect 160410











w MHRC Reg

w MHRC Reg

w MHRC Reg
































[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410





Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]







Page 1



rentness






ess otherwise noted


78 FR 53369



copy 2013 Thoms

E










29 C F R sect 16048 29 CFR




29 CFR sect 16048












29 C F R sect 16048 29 CFR sect 16048
















29 C F R sect 16048 29 CFR sect 16048




















Page 1



rentness


efits










copy 2013 Thoms

E













29 CFR sect 16049












w MHRC Reg

w MHRC Reg

w MHRC Reg































ew MHRC Reg

ew MHRC Reg







29 C F R sect 16049 29 CFR sect 16049






Page 1



rentness













copy 2013 Thoms

E












29 CFR sect 160410











w MHRC Reg

w MHRC Reg

w MHRC Reg
































[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410





Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]







Page 1



rentness


efits










copy 2013 Thoms

E













29 CFR sect 16049












w MHRC Reg

w MHRC Reg

w MHRC Reg































ew MHRC Reg

ew MHRC Reg







29 C F R sect 16049 29 CFR sect 16049






Page 1



rentness













copy 2013 Thoms

E












29 CFR sect 160410











w MHRC Reg

w MHRC Reg

w MHRC Reg
































[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410





Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]












29 C F R sect 16049 29 CFR sect 16049






Page 1



rentness













copy 2013 Thoms

E












29 CFR sect 160410











w MHRC Reg

w MHRC Reg

w MHRC Reg
































[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410





Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]







Page 1



rentness













copy 2013 Thoms

E












29 CFR sect 160410











w MHRC Reg

w MHRC Reg

w MHRC Reg
































[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410





Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]










[44 FR 23805 Apr 20 1979]



29 C F R sect 160410 29 CFR sect 160410





Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]







Page 1



rentness


assment













copy 2013 Thoms

E








(c) [Reserved]







29 CFR sect 160411










(c) [Reserved]



w MHRC Reg

ew MHRC Reg

w MHRC Reg

w MHRC Reg











(c) [Reserved]
















(c) [Reserved]













[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]












[45 FR 74677 Nov 10 1980 64 FR 58334 Oct 29 1999]



29 C F R sect 160411 29 CFR sect 160411





Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]







Page 1



rentness


assment


ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]







Page 1



rentness


assment



ess otherwise noted


78 FR 53369


copy 2013 Thoms

E









29 C F R sect 160411 29 CFR



29 CFR sect 160411











29 C F R sect 160411 29 CFR sect 160411














29 C F R sect 160411 29 CFR sect 160411

















Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]







Page 1



rentness







ess otherwise noted



78 FR 53369


copy 2013 Thoms

E




Appendix A t


[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]














[64 FR 58334 Oct 29 1999]













[64 FR 58334 Oct 29 1999]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]









Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]







Page 1



rentness











copy 2013 Thoms

E





Introduction




29 CFR Pt 1604 App







Introduction











Introduction










Introduction





















A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]























A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]












A Yes









A No














A No








































































[44 FR 23805 Apr 20 1979]











A No














A No








































































[44 FR 23805 Apr 20 1979]













A No








































































[44 FR 23805 Apr 20 1979]









































































[44 FR 23805 Apr 20 1979]





























































[44 FR 23805 Apr 20 1979]



















































[44 FR 23805 Apr 20 1979]









































[44 FR 23805 Apr 20 1979]
































[44 FR 23805 Apr 20 1979]























[44 FR 23805 Apr 20 1979]











[44 FR 23805 Apr 20 1979]







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