[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR104.13]



[Page 376]

 

                           TITLE 34--EDUCATION

 

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

 

PART 104_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                     Subpart B_Employment Practices

 

Sec.  104.13  Employment criteria.



    (a) A recipient may not make use of any employment test or other 

selection criterion that screens out or tends to screen out handicapped 

persons or any class of handicapped persons unless:

    (1) The test score or other selection criterion, as used by the 

recipient, is shown to be job-related for the position in question, and

    (2) Alternative job-related tests or criteria that do not screen out 

or tend to screen out as many handicapped persons are not shown by the 

Director to be available.

    (b) A recipient shall select and administer tests concerning 

employment so as best to ensure that, when administered to an applicant 

or employee who has a handicap that impairs sensory, manual, or speaking 

skills, the test results accurately reflect the applicant's or 

employee's job skills, aptitude, or whatever other factor the test 

purports to measure, rather than reflecting the applicant's or 

employee's impaired sensory, manual, or speaking skills (except where 

those skills are the factors that the test purports to measure).