[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: 45CFR86.52]



[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.  86.52  Employment criteria.



    A recipient shall not administer or operate any test or other 

criterion for any employment opportunity which has a disproportionately 

adverse effect on persons on the basis of sex unless:

    (a) Use of such test or other criterion is shown to predict validly 

successful performance in the position in question; and

    (b) Alternative tests or criteria for such purpose, which do not 

have such disproportionately adverse effect, are shown to be 

unavailable.



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

U.S.C. 1681, 1682)