A recipient shall not administer or operate any test or other criterion for any employment opportunity that 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: 15 U.S.C. 633,
634,
687,
1691;
20 U.S.C. 1681,
1682,
1683,
1685,
1686,
1687,
1688;
29 U.S.C. 794; Sec. 5, Pub. L. 85-536, 72 Stat. 385, as amended; Sec. 308, Pub. L. 85-699, 72 Stat. 694, as amended
source: 44 FR 20068, Apr. 4, 1979, unless otherwise noted.
cite as: 13 CFR 113.505