§86.52. Employment criteria.
45 C.F.R. § 86.52
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
Authority
Authority: 20 U.S.C. 1681 through 1688; Pub. L. 100-259, 102 Stat. 28 (Mar. 22, 1988).
Source
Source: 40 FR 24137, June 4, 1975, unless otherwise noted.