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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 45 - Public Welfare |
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Subtitle A - Department of Health and Human Services |
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SubChapter A - General Administration |
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Part 86 - Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance |
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Subpart E - Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited |
§ 86.52 - Employment criteria.
Latest version.
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§ 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.