34 CFR 106.52 : Education (Parts 1-2 To Parts 1201-1299) — (Parts 1-2 To § 299.12) — Regulations Of The Offices Of The Department Of Education (§ 100.1 To § 299.12) — Office For Civil Rights, Department Of Education (§ 100.1 To Parts 111-199) — Nondiscrimination On The Basis Of Sex In Education Programs Or Activities Receiving Federal Financial Assistance (§ 106.1 To Appendix A To Part 106) — Discrimination On The Basis Of Sex In Employment In Education Programs Or Activities Prohibited (§ 106.51 To § 106.61) — Employment criteria.

4 Aug 2016

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.

(Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)
34 CFR 106.52