45 CFR 86.52
§ 86.52 Employment criteria.
United States · 45 CFR — Public Welfare · Status: effective
Cite this
- Citation
- 45 CFR 86.52, § 86.52 Employment criteria, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/216800
- Permanent ID
ys:prov:216800@1- SHA-256
a8b689ffb72033a6748c2d01d8a7fca6dadd2bfc215bbd2e3c7e9599e69bacb7
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.