[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR618.550]



[Page 162]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 618_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. 618.550  Sex as a bona fide occupational qualification.



    A recipient may take action otherwise prohibited by Sec. Sec. 

618.500 through 618.550 provided it is shown that sex is a bona fide 

occupational qualification for that action, such that consideration of 

sex with regard to such action is essential to successful operation of 

the employment function concerned. A recipient shall not take action 

pursuant to this section that is based upon alleged comparative 

employment characteristics or stereotyped characterizations of one or 

the other sex, or upon preference based on sex of the recipient, 

employees, students, or other persons, but nothing contained in this 

section shall prevent a recipient from considering an employee's sex in 

relation to employment in a locker room or toilet facility used only by 

members of one sex.