TITLE 56: LABOR AND EMPLOYMENT
CHAPTER XI: HUMAN RIGHTS COMMISSION
PART 5210 JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON SEX DISCRIMINATION IN EMPLOYMENT
SECTION 5210.90 FRINGE BENEFITS


 

Section 5210.90  Fringe Benefits

 

a)         Fringe benefits, as used herein, includes medical, hospital, accident, life insurance, disability, pension and retirement benefits; profit sharing and bonus plans; leaves of absence; and other terms, conditions and privileges of employment.

 

b)         It is a prima facie violation of the Act for an employer or labor organization to offer, contract for, or participate in a fringe benefit program which discriminates, or has the effect of discriminating, among employees or members on the basis of sex.

 

c)         A pension or retirement plan which establishes different entrance ages or different optional or compulsory retirement ages based on sex, or which differentiates in employee or member contributions or benefits on the basis of sex, violates the Act.

 

d)         It is not a defense under the Act to a charge of sex discrimination in fringe benefits that the cost of such benefits may be greater with respect to one sex than the other.