---
kind: "section"
citation: "34 C.F.R. § 106.52"
title: "34"
number: "106.52"
heading: "Employment criteria."
url: "https://uscodex.org/cfr/34/106.52"
---

# §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.

## Notes

### 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]