; (D) is an employing office, as defined in section 411(c) of title 3, United States Code; (E) is an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; or (F) is the Comptroller General of the United States. (4) Person The term person , except as used with the term person in commerce , has the meaning given the term in section 3(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(a) ). (5) Person in commerce (A) In general The term person in commerce means any person who is engaged in commerce, in any industry or activity affecting commerce, or in the production of goods for commerce. (B) Commerce In subparagraph (A), the term commerce includes government. (6) Secretary The term Secretary means the Secretary of Labor. 202. Elimination of discrimination on the basis of hours worked (a) Rule (1) In general An employer shall not discriminate against an employee on the basis that such employee is scheduled to work fewer hours per week, or is employed for a shorter expected duration, than another employee of the employer if the jobs of such employees require substantially equal skill, effort, responsibility, and duties and such jobs are performed under similar working conditions. (2) Examples Discrimination described in paragraph (1) shall include differential treatment with respect to— (A) rate of compensation; (B) notice of, and input into, work hours; (C) eligibility to accrue, on a pro rata basis, employer-provided paid and unpaid time off and other benefits; (D) promotion opportunities; or (E) other terms, conditions, or privileges of employment. (b) Distinctions permitted This section shall not be construed to prohibit differences in rate of compensation, or other conditions, terms, or privileges of employment, of employees of an employer for reasons other than the number of hours the employees are scheduled to work per week, or the expected duration of employment of the employees, including for reasons such as— (1) the date on which the employees are hired