[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: 34CFR106.61]



[Page 425]

 

                           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.  106.61  Sex as a bona-fide occupational qualification.



    A recipient may take action otherwise prohibited by this subpart 

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 

which 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.



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

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