[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: 45CFR86.51]



[Page 415]

 

                        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 E_Discrimination on the Basis of Sex in Employment in Education 

                    Programs or Activities Prohibited

 

Sec.  86.51  Employment.





    (a) General. (1) No person shall, on the basis of sex, be excluded 

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

discrimination in employment, or recruitment, consideration, or 

selection therefor, whether full-time or part-time, under any education 

program or activity operated by a recipient which receives Federal 

financial assistance.

    (2) A recipient shall make all employment decisions in any education 

program or activity operated by such recipient in a nondiscriminatory 

manner and shall not limit, segregate, or classify applicants or 

employees in any way which could adversely affect any applicant's or 

employee's employment opportunities or status because of sex.

    (3) A recipient shall not enter into any contractual or other 

relationship which directly or indirectly has the effect of subjecting 

employees or students to discrimination prohibited by this subpart, 

including relationships with employment and referral agencies, with 

labor unions, and with organizations providing or administering fringe 

benefits to employees of the recipient.

    (4) A recipient shall not grant preferences to applicants for 

employment on the basis of attendance at any educational institution or 

entity which admits as students only or predominantly members of one 

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

on the basis of sex in violation of this part.

    (b) Application. 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, application of nepotism 

policies, 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, leave for pregnancy, 

childbirth, false pregnancy, termination of pregnancy, 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 those that are social 

or recreational; and

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



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

U.S.C. 1681, 1682)



[40 FR 24137, June 4, 1975, as amended at 70 FR 24321, May 9, 2005]