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Title 41 → Subtitle C → Chapter 101 → Subchapter A → Part 101-4 → Subpart E → §101-4.505

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Title 41: Public Contracts and Property Management
PART 101-4—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited

§101-4.505 Employment criteria.

A recipient shall not administer or operate any test or other criterion for any employment opportunity that 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.

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