# 29 CFR § 1604.3: Separate lines of progression and seniority systems

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-29-1604.3

## Section

- **Citation:** 29 CFR § 1604.3
- **Heading:** Separate lines of progression and seniority systems
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 29—Labor > Subtitle B—Regulations Relating to Labor > CHAPTER XIV—EQUAL EMPLOYMENT OPPORTUNITY COMMISSION > PART 1604—GUIDELINES ON DISCRIMINATION BECAUSE OF SEX

## Text

(a) It is an unlawful employment practice to classify a job as “male” or “female” or to maintain separate lines of progression or separate seniority lists based on sex where this would adversely affect any employee unless sex is a bona fide occupational qualification for that job. Accordingly, employment practices are unlawful which arbitrarily classify jobs so that:
(1) A female is prohibited from applying for a job labeled “male,” or for a job in a “male” line of progression; and vice versa.
(2) A male scheduled for layoff is prohibited from displacing a less senior female on a “female” seniority list; and vice versa.
(b) A Seniority system or line of progression which distinguishes between “light” and “heavy” jobs constitutes an unlawful employment practice if it operates as a disguised form of classification by sex, or creates unreasonable obstacles to the advancement by members of either sex into jobs which members of that sex would reasonably be expected to perform.

## Nearby sections

- [29 CFR § 1600.101 § 1600.101 Cross-reference to employee ethical conduct standards and financial disclosure regulations.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1600.101.md)
- [29 CFR § 1601.1 § 1601.1 Purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1601.1.md)
- [29 CFR § 1603.100 § 1603.100 Purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1603.100.md)
- [29 CFR § 1604.1 § 1604.1 General principles.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1604.1.md)
- [29 CFR § 1604.2 § 1604.2 Sex as a bona fide occupational qualification.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1604.2.md)
- [29 CFR § 1604.3 § 1604.3 Separate lines of progression and seniority systems.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1604.3.md)
- [29 CFR § 1604.4 § 1604.4 Discrimination against married women.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1604.4.md)
- [29 CFR § 1604.5 § 1604.5 Job opportunities advertising.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1604.5.md)
- [29 CFR § 1604.6 § 1604.6 Employment agencies.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1604.6.md)
- [29 CFR § 1604.7 § 1604.7 Pre-employment inquiries as to sex.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1604.7.md)
- [29 CFR § 1604.8 § 1604.8 Relationship of title VII to the Equal Pay Act.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1604.8.md)
- [29 CFR § 1604.9 § 1604.9 Fringe benefits.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1604.9.md)
- [29 CFR § 1604.10 § 1604.10 Employment policies relating to pregnancy and childbirth.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1604.10.md)
- [29 CFR § 1604.11 § 1604.11 Sexual harassment.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1604.11.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-29-1604.3. Check the current official text before relying on it. Not legal advice.