[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1620.20]

[Page 302-303]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1620--THE EQUAL PAY ACT--Table of Contents
 
Sec. 1620.20  Pay differentials claimed to be based on extra duties.

    Additional duties may not be a defense to the payment of higher 
wages to one sex where the higher pay is not

[[Page 303]]

related to the extra duties. The Commission will scrutinize such a 
defense to determine whether it is bona fide. For example, an employer 
cannot successfully assert an extra duties defense where:
    (a) Employees of the higher paid sex receive the higher pay without 
doing the extra work;
    (b) Members of the lower paid sex also perform extra duties 
requiring equal skill, effort, and responsibility;
    (c) The proffered extra duties do not in fact exist;
    (d) The extra task consumes a minimal amount of time and is of 
peripheral importance; or
    (e) Third persons (i.e., individuals who are not in the two groups 
of employees being compared) who do the extra task as their primary job 
are paid less than the members of the higher paid sex for whom there is 
an attempt to justify the pay differential.