§106.52. Employment criteria.
34 C.F.R. § 106.52
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:
Use of such test or other criterion is shown to predict validly successful performance in the position in question; and
Alternative tests or criteria for such purpose, which do not have such disproportionately adverse effect, are shown to be unavailable.
Notes, amendments, and revision history
Amendments
[45 FR 30955, May 9, 1980, as amended at 85 FR 30579, May 19, 2020]
Authority
Authority: 20 U.S.C. 1681 et seq., unless otherwise noted.
Source
Source: 45 FR 30955, May 9, 1980, unless otherwise noted.
Amendments
[45 FR 30955, May 9, 1980, as amended at 85 FR 30579, May 19, 2020]