Sex-disaggregated pay information means that the comparative average pay data is separated by sex rather than presented as one combined figure. Under Article 7 of Directive (EU) 2023/970, a worker can request the average pay levels for the relevant category of workers performing the same work or work of equal value, with those averages broken down by sex. In practice, the response should allow the worker to see the relevant female and male average pay levels for the category. The purpose is to make possible gender-linked pay differences visible. A difference between the averages can justify further examination, but it does not by itself establish unlawful pay discrimination.
Jurisdiction: European Union
Sex-Disaggregated Means the Data Is Separated by Sex
In Article 7, the phrase broken down by sex means the employer should not answer with only one blended average for the relevant worker category. The information must distinguish the average pay levels for the sex groups covered by the Directive's comparison. The practical value of the split is that a combined average can hide a difference between female and male workers. By separating the figures, the worker can see whether the comparative category shows a gender-linked pattern that may deserve further explanation. The breakdown is therefore part of the substance of the right, not merely a presentation preference.
The Breakdown Applies to the Relevant Worker Category
The sex breakdown does not mean every worker receives a table covering the entire organisation. Article 7 connects the averages to the category of workers performing the same work as the requester or work of equal value to theirs. The employer must first establish that comparison group in a non-arbitrary, objective and gender-neutral manner. The female and male averages are then meaningful because they relate to work that is considered comparable. If the category is too broad, too narrow or chosen inconsistently, the resulting sex-disaggregated figures may provide a distorted picture of the worker's equal-pay position.
The Purpose Is to Make Potential Gender Pay Differences Visible
A combined average can conceal whether female and male workers in comparable roles are paid differently. Separate averages make the comparison visible and give workers information they can use to understand whether further questions are warranted. This supports the Directive's broader objective of strengthening enforcement of equal pay for equal work and work of equal value. The information right is especially important where pay systems are complex, because a worker may know their own salary but have no reliable way to judge whether a pattern exists across comparable workers without structured information from the employer.
A Difference Between the Averages Is Not Automatically Discrimination
Sex-disaggregated data is evidence for analysis, not an automatic legal conclusion. A difference between female and male averages can arise for reasons that require investigation, including differences in job responsibilities, relevant experience, performance, working time, seniority or other objective factors. The equal-pay question is whether a difference affecting workers doing the same work or work of equal value can be justified by objective, gender-neutral criteria and is applied consistently. Employers should therefore be ready to move from the statistical result to the underlying pay decisions rather than treating either a gap or the absence of a gap as the end of the analysis.
Small Categories Can Create Privacy Risks
A sex-disaggregated average can become sensitive where only one or very few workers belong to one sex group in the relevant category. In those circumstances, the average may directly or indirectly reveal an identifiable person's pay. Article 12 allows Member States to provide safeguards so that, where disclosure would identify a worker's pay, access to the information can be limited to workers' representatives, the labour inspectorate or an equality body. Employers should therefore build privacy checks into the Article 7 workflow rather than assuming that every calculated figure can always be sent directly to the requester.
The Employer Should Explain What the Figures Represent
A useful response should do more than present two unexplained numbers. The employer should be able to identify the relevant category of workers, the pay concept used, the data period and the fact that the figures represent averages rather than individual salaries. If the worker believes the information is inaccurate or incomplete, Article 7 allows the worker to request additional reasonable clarifications and details and to receive a substantiated reply. Clear context reduces the risk that a worker mistakes an average for a specific colleague's pay or assumes that every individual within the group is paid close to the average.
Sex-Disaggregated Information Is Different From Named Salary Disclosure
The Article 7 right is designed to provide comparative information while avoiding unnecessary exposure of individual payroll records. A worker is entitled to their own individual pay level, but the comparison with colleagues is structured around average pay levels broken down by sex for the relevant category. That is different from a list showing the salary of each named colleague. Employers should reflect this distinction in policies and response templates. They should provide the comparative data the Directive requires while applying Article 12 and data-protection rules where information could reveal another identifiable person's pay.
National Rules May Add Detail to the Presentation and Safeguards
Member States implement the Directive through national law and can provide more favourable rights or more detailed procedures. National legislation or guidance may therefore address how sex-disaggregated averages are calculated, how small groups are handled, which bodies can receive sensitive information and how workers exercise clarification rights. Multi-country employers should not assume that one privacy threshold or response template works everywhere. A common EU process can define the core Article 7 entitlement, while country-specific instructions govern how the figures are produced and disclosed in each jurisdiction.
Frequently Asked Questions
What does broken down by sex mean in Article 7?
It means the relevant average pay information is separated by sex so that female and male average pay levels in the worker category can be compared.
Does sex-disaggregated information show individual salaries?
The Article 7 comparison is based on average pay levels by sex for the relevant category, not a general list of named colleagues' individual salaries.
Does a difference between female and male averages prove discrimination?
No. A difference can trigger further analysis, but the legal question also considers whether any difference is justified by objective, gender-neutral criteria.
What happens if the group is so small that a person's pay could be identified?
Article 12 allows Member States to provide safeguards that can limit access to workers' representatives, labour inspectorates or equality bodies where disclosure would reveal an identifiable worker's pay.
Related Guides
Official Sources
Requirements and practices differ by jurisdiction and organisation. Check current local law, official guidance and professional advice for a specific situation.