(a) Subsection (b) of § 1327 of this title provides that merit or seniority systems may be established and classifications may be made according to sex if this is a “bona fide job requirement” for said specific job. To this purpose, we deem that job policies are unfair when they arbitrarily classify jobs to:
(1) Prohibit a woman from applying for a job classified “for men”, or a job on the assembly line for “men”, and vice versa.
(2) Prohibit a man who is to be suspended to displace a woman with less seniority on a “women’s seniority list”, and vice versa.
(b) A seniority or merit system which establishes a difference between “light and heavy” work is an unfair labor practice if it operates as a means to disguise a classification by sex, or establishes unreasonable obstacles to the progress of members of either sex for jobs that either sex could reasonably perform.
History —July 6, 1985, No. 69, p. 236, § 9.