# 29 CFR § 1604.4: Discrimination against married women

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-29-1604.4

## Section

- **Citation:** 29 CFR § 1604.4
- **Heading:** Discrimination against married women
- **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) The Commission has determined that an employer's rule which forbids or restricts the employment of married women and which is not applicable to married men is a discrimination based on sex prohibited by title VII of the Civil Rights Act. It does not seem to us relevant that the rule is not directed against all females, but only against married females, for so long as sex is a factor in the application of the rule, such application involves a discrimination based on sex.
(b) It may be that under certain circumstances, such a rule could be justified within the meaning of section 703(e)(1) of title VII. We express no opinion on this question at this time except to point out that sex as a bona fide occupational qualification must be justified in terms of the peculiar requirements of the particular job and not on the basis of a general principle such as the desirability of spreading work.

## 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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-29-1604.4. Check the current official text before relying on it. Not legal advice.