[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

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

[CITE: 41CFR101-4.505]



[Page 24]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-4_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. 101-4.505  Employment criteria.



    A recipient shall not administer or operate any test or other 

criterion for any employment opportunity that 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.