§ 146.505 - Employment criteria.

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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:

Use of such test or other criterion is shown to predict validly successful performance in the position in question; and

Alternative tests or criteria for such purpose, which do not have such disproportionately adverse effect, are shown to be unavailable.