Encl. (2) to COMDTINST 5350.20A
[[Page 10901]]
disproportionately adverse effect, are shown to be unavailable.
Sec. 17.510 Recruitment.
(a) Nondiscriminatory recruitment and hiring. A recipient shall not discriminate on the
basis of sex in the recruitment and hiring of employees. Where a recipient has been found
to be presently discriminating on the basis of sex in the recruitment or hiring of
employees, or has been found to have so discriminated in the past, the recipient shall
recruit members of the sex so discriminated against so as to overcome the effects of such
past or present discrimination.
(b) Recruitment patterns. A recipient shall not recruit primarily or exclusively at
entities that furnish as applicants only or predominantly members of one sex if such
actions have the effect of discriminating on the basis of sex in violation of Sec. Sec.
17.500 through 17.550.
Sec. 17.515 Compensation.
A recipient shall not make or enforce any policy or practice that, on the basis of sex:
(a) Makes distinctions in rates of pay or other compensation;
(b) Results in the payment of wages to employees of one sex at a rate less than that
paid to employees of the opposite sex for equal work on jobs the performance of which
requires equal skill, effort, and responsibility, and that are performed under similar
working conditions.
Sec. 17.520 Job classification and structure.
A recipient shall not:
(a) Classify a job as being for males or for females;
(b) Maintain or establish separate lines of progression, seniority lists, career ladders, or
tenure systems based on sex; or
(c) Maintain or establish separate lines of progression, seniority systems, career
ladders, or tenure systems for similar jobs, position descriptions, or job requirements that
classify persons on the basis of sex, unless sex is a bona fide occupational qualification
for the positions in question as set forth in Sec. 17.550.
Sec. 17.525 Fringe benefits.
(a) ``Fringe benefits'' defined. For purposes of these Title IX regulations, the term
fringe benefits means any medical, hospital, accident, life insurance, or retirement
benefit, service, policy or plan, any profit-sharing or bonus plan, leave, and any other
benefit or service of employment not subject to the provisions of Sec. 17.515.
(b) Prohibitions. A recipient shall not:
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