Nos. 81-4536, 81-4566.

691 F.2d 873 (1982)

Lola KOUBA, a/k/a Lola Hogan, individually and on behalf of all others similarly situated, Plaintiff-Appellee, United States Equal Employment Opportunity Commission, Plaintiff in Intervention-Appellee, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 29, 1982.

Rehearing and Rehearing January 11, 1983.

Attorney(s) appearing for the Case

Kalvin M. Grove, Fox & Grove, Chicago, Ill., for Allstate Ins. Co.

Vella M. Fink, E.E.O.C., Washington, D. C., Judith E. Kurtz, San Francisco, Cal., for EEOC & Kouba.

Before MERRILL, CHOY and HUG, Circuit Judges.

Rehearing and Rehearing En Banc January 11, 1983.

CHOY, Circuit Judge:

This appeal calls into question the scope of the "factor other than sex" exception to the Equal Pay Act of 19631 as incorporated into Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., by the Bennett Amendment.2 Because the district court misconstrued the exception, we reverse and remand.

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