[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR83.11]



[Page 340-342]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 83_REGULATION FOR THE ADMINISTRATION AND ENFORCEMENT OF SECTIONS 799A 

AND 845 OF THE PUBLIC HEALTH SERVICE ACT--Table of Contents

 

            Subpart B_Discrimination in Admissions Prohibited

 

Sec.  83.11  Discriminatory acts prohibited.



    (a) General. No person shall, on the basis of sex, be excluded from 

participation in, be denied the benefits of, or be subjected to 

discrimination under any academic, extracurricular, research, 

occupational training, or other training program or activity operated by 

an entity.

    (b) Discrimination in selection. In determining whether an 

individual satisfies any enrollment, eligibility, or other condition for 

selection for a training program, a federally supported entity shall 

not:

    (1) On the basis of sex, given preference to one individual over 

another by ranking applicants on such basis, or otherwise give such 

preference; or

    (2) Apply numerical limitations upon the number or proportion of 

persons of either sex who may be admitted; or



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    (3) Otherwise treat one individual differently from another on the 

basis of sex.

    (c) Testing. A federally supported entity shall not administer or 

operate any test or use any criterion for admission which has a 

disproportionately adverse effect on persons on the basis of sex unless 

the use of such test or criterion is shown validly to predict success in 

the training program or activity in question and alternative tests or 

criteria which do not have such a disproportionately adverse effect are 

shown to be unavailable.

    (d) Prohibitions relating to marital or parental status. In 

determining whether a person satisfies any policy or criterion for 

admission, or in making any offer of admission, in providing financial 

aid or any other benefit, an entity to which this subpart applies:

    (1) Shall not apply any rule concerning the actual or potential 

parental, family, or marital status of a student or applicant which 

treats persons differently on the basis of sex;

    (2) Shall not discriminate against or exclude any person on the 

basis of pregnancy, childbirth, termination of pregnancy or recovery 

therefrom, or establish or follow any rule or practice which so 

discriminates or excludes;

    (3) Shall treat pregnancy, childbirth, termination of pregnancy and 

any temporary disabilities related to or resulting from pregnancy, 

childbirth, termination of pregnancy or recovery therefrom in the same 

manner and under the same policies as any other temporary disability or 

physical condition; and

    (4) Shall not make pre-admission inquiry as to the marital status of 

an applicant for admission, including whether such applicant is 

``Miss,'' or ``Mrs.'' A recipient may make pre-admission inquiry as to 

the sex of an applicant for admission, but only if such inquiry is made 

equally of such applicants of both sexes and if the results of such 

inquiry are not used in connection with discrimination prohibited by 

this part.

    (e) Preference to students from other institutions in admission. An 

entity shall not give preference to applicants for admission, on the 

basis of attendance at any educational institution or other school or 

entity which admits as students only or predominantly members of one 

sex, if the giving of such preference has the effect of discriminating 

on the basis of sex in violation of this part.

    (f) Discrimination in the provision of benefits and services--(1) 

General. Except as otherwise provided in this part in providing 

financial aid or any other benefit, or in providing any service, to an 

applicant for a training program or to a student enrolled in such 

program, no federally supported entity shall on the basis of sex:

    (i) Treat one individual differently from another in determining 

whether such individual satisfies any requirement or condition for the 

provision of such benefit of service;

    (ii) Provide a different benefit or service or provide a benefit or 

a service in a different manner;

    (iii) Deny an individual any such benefit or service;

    (iv) Subject an individual to separate treatment or rules of 

behavior;

    (v) Discriminate against any individual by assisting an agency, 

organization, or individual in providing, in a manner which 

discriminates on the basis of sex, a benefit or service to applicants 

for or students enrolled in a training program; or

    (vi) Otherwise limit any individual in the enjoyment of any right, 

privilege, advantage, or opportunity.

    (2) Financial aid established by certain legal instruments. (i) A 

recipient may administer or assist in the administration of 

scholarships, fellowships, or other forms of financial assistance 

established pursuant to domestic or foreign wills, trusts, bequests, or 

similar legal instruments or by acts of a foreign government which 

requires that awards be made to members of a particular sex specified 

therein: Provided, That the overall effect of the award of such sex-

restricted scholarships, fellowships, and other forms of financial 

assistance does not discriminate on the basis of sex.

    (ii) To ensure nondiscriminatory awards of assistance as required in 

paragraph (f)(2)(i) of this section, recipients shall develop and use 

procedures under which:

    (A) Students are selected for award of financial assistance on the 

basis of non-discriminatory criteria and not on



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the basis of availability of funds restricted to members of a particular 

sex;

    (B) An appropriate sex-restricted scholarship, fellowship, or other 

form of financial assistance is allocated to each student selected under 

paragraph (f)(2)(ii) (A) of this section; and

    (C) No student is denied the award for which he or she was selected 

under paragraph (f)(2)(ii)(A) of this section because of the absence of 

a scholarship, fellowship, or other form of financial assistance 

designated for a member of that student's sex.

    (g) Housing. (1) An entity shall not, on the basis of sex, apply 

different rules or regulations, impose different fees or requirements, 

or offer different services or benefits related to housing, except as 

provided in this subsection (including housing provided only to married 

students).

    (2) An entity may provide separate housing on the basis of sex.

    (3) Housing provided by an entity to students of one sex, when 

compared to that provided to students of the other sex, shall be as a 

whole: (i) Proportionate in quantity to the number of students of that 

sex applying for such housing; and (ii) comparable in quality and cost 

to the student.

    (4) An entity shall not on the basis of sex, administer different 

policies or practices concerning occupancy by its students of housing 

other than that provided by such recipient.

    (5) An entity which, through solicitation, listing, approval of 

housing, or otherwise, assists any agency, organization, or person in 

making housing available to any of its students, shall take reasonable 

action to ensure that such housing is provided to students of one sex, 

when compared to that provided to students of the other sex, is as a 

whole: (i) Proportionate in quantity and (ii) comparable in quality and 

cost to the student. An entity may render such assistance to any agency, 

organization, or person which provides all or part of such housing to 

students only of one sex.

    (h) Inter-institutional programs. If a federally supported entity 

aids participation, by any applicant for or student enrolled in any of 

its training programs, in any program or activity of another 

organization or agency, such entity shall:

    (1) Develop and implement a procedure to assure itself that such 

organization or agency takes no action with respect to such applicants 

or students which this part would prohibit such entity from taking; and

    (2) Not aid such participation if such organization or agency takes 

such action.

    (i) Discrimination in employment prohibited. A federally supported 

entity shall not discriminate on the basis of sex in employment 

practices relating to its professional and other staff who work directly 

with applicants for or students enrolled in any of its training 

programs. The provisions of this subpart apply to:

    (1) Recruitment, advertising, and the process of application for 

employment;

    (2) Hiring, upgrading, promotion, consideration for and award of 

tenure, demotion, transfer, layoff, termination, right of return from 

layoff, and rehiring;

    (3) Rates of pay or any other form of compensation, and changes in 

compensation;

    (4) Job assignments, classifications and structure, including 

position descriptions, lines of progression, and seniority lists;

    (5) The terms of any collective bargaining agreement;

    (6) Granting and return from leaves of absence, pregnancy leave, 

leave for persons of either sex to care for children or dependents, or 

any other leave;

    (7) Fringe benefits available by virtue of employment, whether or 

not administered by the recipient;

    (8) Selection and financial support for training, including 

apprenticeship, professional meetings, conferences, and other related 

activities, selection for tuition assistance, selection for sabbaticals 

and leaves of absence to pursue training;

    (9) Employer-sponsored activities, including social or recreational 

programs; and

    (10) Any other term, condition, or privilege of employment.



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