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Federal regulations · Through 2026-08-25 · Newer source version available

45 CFR 86.52: Employment criteria.

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Where this section sits in the code
  1. Title 45—Public Welfare
  2. SUBTITLE A—Department of Health and Human Services
  3. SUBCHAPTER A—GENERAL ADMINISTRATION
  4. PART 86—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
  5. Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited

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.

Collected 2026-08-27T02:26:21Z. Source file · JSON

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