[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: 45CFR86.21]



[Page 408-409]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 86_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

     Subpart C_Discrimination on the Basis of Sex in Admission and 

                         Recruitment Prohibited

 

Sec.  86.21  Admission.





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

admission, or be



[[Page 409]]



subjected to discrimination in admission, by any recipient to which this 

subpart applies, except as provided in Sec. Sec.  86.16 and 86.17.

    (b) Specific prohibitions. (1) In determining whether a person 

satisfies any policy or criterion for admission, or in making any offer 

of admission, a recipient to which this subpart applies shall not:

    (i) Give preference to one person over another on the basis of sex, 

by ranking applicants separately on such basis, or otherwise;

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

persons of either sex who may be admitted; or

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

basis of sex.

    (2) A recipient shall not administer or operate any test or other 

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 to predict validly success in the education program or activity in 

question and alternative tests or criteria which do not have such a 

disproportionately adverse effect are shown to be unavailable.

    (c) 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, a recipient 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 disabilities related to 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 admision, 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.



(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 

U.S.C. 1681, 1682)