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Title 36: Parks, Forests, and Public Property
CHAPTER XII: NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
SUBCHAPTER A: GENERAL RULES
PART 1211: 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
1211.505 - 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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