---
kind: "section"
citation: "45 C.F.R. § 86.52"
title: "45"
number: "86.52"
heading: "Employment criteria."
url: "https://uscodex.org/cfr/45/86.52"
---

# §86.52. 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

### 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.