29 CFR 36.550
§ 36.550 Sex as a bona fide occupational qualification.
United States · 29 CFR — Labor · Status: effective
Cite this
- Citation
- 29 CFR 36.550, § 36.550 Sex as a bona fide occupational qualification, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/124106
- Permanent ID
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Full text
A recipient may take action otherwise prohibited by §§ 36.500 through 36.550 provided it is shown that sex is a bona fide occupational qualification for that action, such that consideration of sex with regard to such action is essential to successful operation of the employment function concerned. A recipient shall not take action pursuant to this section that is based upon alleged comparative employment characteristics or stereotyped characterizations of one or the other sex, or upon preference based on sex of the recipient, employees, students, or other persons, but nothing contained in this section shall prevent a recipient from considering an employee's sex in relation to employment in a locker room or toilet facility used only by members of one sex.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.