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: Pub. L. 107-296, 116 Stat. 2135 (
6 U.S.C. 1
source: 68 FR 10892, Mar. 6, 2003, unless otherwise noted.
cite as: 6 CFR 17.505