§ 106.52. Employment criteria.
87 words·~1 min read·
/us/cfr/t34/s§ 106.52·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. \[45 FR 30955, May 9, 1980, as amended at 85 FR 30579, May 19, 2020\]