34 CFR § 106.60 - Pre-employment inquiries.
---
identifier: "/us/cfr/t34/s106.60"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 106.60 - Pre-employment inquiries."
title_number: 34
title_name: "Education"
section_number: "106.60"
section_name: "Pre-employment inquiries."
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"
---
# 106.60 Pre-employment inquiries.
(a) *Marital status.* A recipient must not make a pre-employment inquiry as to the marital status of an applicant for employment, including whether such applicant is “Miss or Mrs.”
(b) *Sex.* A recipient may ask an applicant for employment to self-identify their sex, but only if this question is asked of all applicants and if the response is not used as a basis for discrimination prohibited by Title IX or this part.
[89 FR 33896, Apr. 29, 2024]