45 C.F.R. § 86.56

Fringe benefits

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(a) Fringe benefits defined. For purposes of this part, 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 provision of § 86.54.

(b) Prohibitions. A recipient shall not:

(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 which does not provide either for equal periodic benefits for members of each sex, or 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 which establishes different optional or compulsory retirement ages based on sex or which otherwise discriminates in benefits on the basis of sex.

(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)

Notes of Decisions

Cited in 3 cases, 1975–1980 · leading case: City of Los Angeles Dep't of Water v. Manhart, 435 U.S. 702 (1978).

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City of Los Angeles Dep't of Water v. Manhart, 435 U.S. 702 (1978). · cites it 2× “3 (c) (1977) (Office of Federal Contract Compliance); 45 CFR § 86.56 (b) (2) (1976) (Dept. of Health, Education, and Welfare).”

Silbowitz v. Sec'y of Health, Educ. & Welfare, 397 F. Supp. 862 (S.D. Fla. 1975). “24143-24144, 45 C.F.R. § 86.56 (June 4, 1975) which prohibits receipients of federal funds from withholding from the spouse of a female wage earner any benefits provided to the spouse of a male wage earner.”

Novak v. Harris, 504 F. Supp. 101 (E.D.N.Y 1980). “Commission on Civil Rights, at 9-11 (December, 1974) (the Commission identified dependency tests as a blatant area of sex discrimination); U.”

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