StacksVerified U.S. regulatory reference

34 CFR §106.52

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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:
  1. (a)Use of such test or other criterion is shown to predict validly successful performance in the position in question; and
  2. (b)Alternative tests or criteria for such purpose, which do not have such disproportionately adverse effect, are shown to be unavailable.