[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR106.52]



[Page 423]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 106_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS 

OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

Subpart E_Discrimination on the Basis of Sex in Employment in Education 

                    Programs or Activities Prohibited

 

Sec. 106.52  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 disproportionately adverse effect, are shown to be 

unavailable.



(Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 

374; 20 U.S.C. 1681, 1682)