Additional duties may not be a defense to the payment of higher wages to one sex where the higher pay is not related to the extra duties. The Commission will scrutinize such a defense to determine whether it is bona fide. For example, an employer cannot successfully assert an extra duties defense where:
(a) Employees of the higher paid sex receive the higher pay without doing the extra work;
(b) Members of the lower paid sex also perform extra duties requiring equal skill, effort, and responsibility;
(c) The proffered extra duties do not in fact exist;
(d) The extra task consumes a minimal amount of time and is of peripheral importance; or
(e) Third persons (i.e., individuals who are not in the two groups of employees being compared) who do the extra task as their primary job are paid less than the members of the higher paid sex for whom there is an attempt to justify the pay differential.
Notes of Decisions
Cited in
5
cases (
3 in the last 5 years), 1991–2026 · leading case:
Reilly v. Revlon, Inc., 620 F. Supp. 2d 524 (S.D.N.Y. 2009).
Reilly v. Revlon, Inc., 620 F. Supp. 2d 524 (S.D.N.Y. 2009).
“See 29 C.F.R. § 1620.20 (1). But plaintiff has clearly raised genuine issues of fact concerning whether she had an ADA disability so as to preclude the entry of summary judgment.”
Dean v. United Food Stores, Inc., 767 F. Supp. 236 (D.N.M. 1991).
“2d at 1273 ; see also 29 C.F.R. § 1620.20 ; Brennan v. South Davis Community Hospital, 538 F.”
Boyd v. City Of Chicago (N.D. Ill. 2023).
“” 29 C.F.R. § 1620.20 . An employer cannot successfully assert an extra duties defense if, for example, employees of the higher paid sex receive the higher pay without doing the extra work, the extra duties do not exist, or the extra task “consumes a minimal amount of time and…”
White v. Elkhart Cmty. Schs. (N.D. Ind. 2024).
“” 29 C.F.R. § 1620.20 . Defendants are precluded from using this defense if the plaintiff “also perform[ed] extra duties requiring equal skill, effort, and responsibility.”
Yoder (S.D. Ohio 2026).
“” 29 C.F.R. § 1620.20 . An employer cannot successfully assert the defense if, for example, the higher paid employee does not actually do the extra work, the extra duties do not exist, or the extra task “consumes a minimal amount of time and is of peripheral importance.”
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