34 CFR § 106.52 - Employment criteria.
---
identifier: "/us/cfr/t34/s106.52"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 106.52 - Employment criteria."
title_number: 34
title_name: "Education"
section_number: "106.52"
section_name: "Employment criteria."
chapter_name: "OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION"
part_number: "106"
part_name: "NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "20 U.S.C. 1681 unless otherwise noted."
regulatory_source: "45 FR 30955, May 9, 1980, unless otherwise noted."
cfr_part: "106"
---
# 106.52 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.
[45 FR 30955, May 9, 1980, as amended at 85 FR 30579, May 19, 2020]