Regulations last checked for updates: Oct 17, 2024

Title 34 - Education last revised: Sep 26, 2024
§ 106.52 - 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.

[45 FR 30955, May 9, 1980, as amended at 85 FR 30579, May 19, 2020]
authority: 20 U.S.C. 1681
source: 45 FR 30955, May 9, 1980, unless otherwise noted.
cite as: 34 CFR 106.52