Encl. (2) to COMDTINST 5350.20A
(1) Discriminate on the basis of sex with regard to making fringe benefits available to
employees or make fringe benefits available to spouses, families, or dependents of
employees differently upon the basis of the employee's sex;
(2) Administer, operate, offer, or participate in a fringe benefit plan that does not
provide for equal periodic benefits for members of each sex and for equal contributions to
the plan by such recipient for members of each sex; or
(3) Administer, operate, offer, or participate in a pension or retirement plan that
establishes different optional or compulsory retirement ages based on sex or that
otherwise discriminates in benefits on the basis of sex.
Sec. 17.530 Marital or parental status.
(a) General. A recipient shall not apply any policy or take any employment action:
(1) Concerning the potential marital, parental, or family status of an employee or
applicant for employment that treats persons differently on the basis of sex; or
(2) Which is based upon whether an employee or applicant for employment is the head
of household or principal wage earner in such employee's or applicant's family unit.
(b) Pregnancy. A recipient shall not discriminate against or exclude from employment
any employee or applicant for employment on the basis of pregnancy, childbirth, false
pregnancy, termination of pregnancy, or recovery therefrom.
(c) Pregnancy as a temporary disability. Subject to Sec. 17.235(d), a recipient shall
treat pregnancy, childbirth, false pregnancy, termination of pregnancy, recovery
therefrom, and any temporary disability resulting therefrom as any other temporary
disability for all job-related purposes, including commencement, duration, and extensions
of leave, payment of disability income, accrual of seniority and any other benefit or
service, and reinstatement, and under any fringe benefit offered to employees by virtue of
employment.
(d) Pregnancy leave. In the case of a recipient that does not maintain a leave policy for
its employees, or in the case of an employee with insufficient leave or accrued
employment time to qualify for leave under such a policy, a recipient shall treat
pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom
as a justification for a leave of absence without pay for a reasonable period of time, at the
conclusion of which the employee shall be reinstated to the status that she held when the
leave began or to a comparable position, without decrease in rate of compensation or loss
of promotional opportunities, or any other right or privilege of employment.
Sec. 17.535 Effect of state or local law or other requirements.
(a) Prohibitory requirements. The obligation to comply with Sec. Sec. 17.500 through
17.550 is not obviated or alleviated by the existence of any State or local law or other
requirement that imposes prohibitions or limits upon employment of members of one sex
that are not imposed upon members of the other sex.
(b) Benefits. A recipient that provides any compensation, service, or benefit to
members of one sex pursuant to a State or local law or other requirement shall provide
the same compensation, service, or benefit to members of the other sex.
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