Employment cost not a “factor other than sex.”
29 C.F.R. § 1620.22
in effectEffective: 2024-07-01A wage differential based on claimed differences between the average cost of employing workers of one sex as a group and the average cost of employing workers of the opposite sex as a group is discriminatory and does not qualify as a differential based on any “factor other than sex,” and will result in a violation of the equal pay provisions, if the equal pay standard otherwise applies.
Source: eCFRURL: https://www.ecfr.gov/api/versioner/v1/full/2024-07-01/title-29.xmlFetched: 7/26/2026