[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR15a.52] [Page 393-394] TITLE 7--AGRICULTURE PART 15a_EDUCATION PROGRAMS OR ACTIVITIES RECEIVING OR BENEFITTING FROM FEDERAL FINANCIAL ASSISTANCE--Table of Contents Subpart E_Discrimination on the Basis of Sex in Employment in Education Programs and Activities Prohibited Sec. 15a.52 Employment criteria. A recipient shall not administer or operate any test or other criterion for any employment opportunity which has a disproportionately adverse effect on persons on the basis of sex unless: (a) Use of such test or other criterion is shown to predict validly successful performance in the position in question; and (b) Alternative tests or criteria for such purpose, which do not have such [[Page 394]] disproportionately adverse effect, are shown to be unavailable.