[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1620.16]

[Page 316-317]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1620_THE EQUAL PAY ACT--Table of Contents
 
Sec. 1620.16  Jobs requiring equal effort in performance.

    (a) In general. The jobs to which the equal pay standard is 
applicable are jobs that require equal effort to perform. Where 
substantial differences exist in the amount or degree of effort required 
to be expended in the performance of jobs, the equal pay standard cannot 
apply even though the jobs may be equal in all other respects. Effort is 
concerned with the measurement of the physical or mental exertion needed 
for the performance of a job. Job factors which cause mental fatigue and 
stress, as well as those which alleviate fatigue, are to be considered 
in determining the effort required by the job. ``Effort'' encompasses 
the total requirements of a job. Where jobs are otherwise equal under 
the EPA, and there is no substantial difference in the amount or degree 
of effort which must be expended in performing the jobs under 
comparison, the jobs may require equal effort in their performance even 
though the effort may be exerted in different ways on the two jobs. 
Differences only in the kind of effort required to be expended in such a 
situation will not justify wage differentials.
    (b) Comparing effort requirements of jobs. To illustrate the 
principle of equal effort exerted in different ways, suppose that a male 
checker employed by a supermarket is required to spend part of his time 
carrying out heavy packages or replacing stock involving the lifting of 
heavy items whereas a female checker is required to devote an equal 
degree of effort during a similar portion of her time to performing 
fill-in work requiring greater dexterity--such as rearranging displays 
of spices or other small items. The difference in kind of effort 
required of the employees does not appear to make their efforts unequal 
in any respect which would justify a wage differential, where such 
differences in kind of effort expended to perform the job are not 
ordinarily considered a factor in setting wage levels. Further, the 
occasional or sporadic performance of an activity which may require 
extra physical or

[[Page 317]]

mental exertion is not alone sufficient to justify a finding of unequal 
effort. Suppose, however, that men and women are working side by side on 
a line assembling parts. Suppose further that one of the men who 
performs the operations at the end of the line must also lift the 
assembly, as he completes his part of it, and places it on a waiting 
pallet. In such a situation, a wage rate differential might be justified 
for the person (but only for the person) who is required to expend the 
extra effort in the performance of his job, provided that the extra 
effort so expended is substantial and is performed over a considerable 
portion of the work cycle. In general, a wage rate differential based on 
differences in the degree or amount of effort required for performance 
of jobs must be applied uniformly to men and women. For example, if all 
women and some men performing a particular type of job never perform 
heavy lifting, but some men do, payment of a higher wage rate to all of 
the men would constitute a prohibited wage rate differential if the 
equal pay provisions otherwise apply.