(8) Selection and financial support for training, including apprenticeship, conferences, professional meetings, and other related activities, selection for tuition assistance, selection for sabbaticals and leaves of absence to pursue training; (9) Employer-sponsored activities, including social or recreational programs; and (10) Any other term, condition, or privilege of employment. (Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 106.52 Employment criteria. 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. (Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 106.53 Recruitment. (a) Nondiscriminatory recruitment and hiring. A recipient shall not discriminate on the basis of sex in the recruitment and hiring of employees. Where a recipient has been found to be presently discriminating on the basis of sex in the recruitment or hiring of employees, or has been found to have in the past so discriminated, the recipient shall recruit members of the sex so discriminated against so as to overcome the effects of such past or present discrimination. (b) Recruitment patterns. A recipient shall not recruit primarily or exclusively at entities which furnish as applicants only or predominantly members of one sex if such actions have the effect of discriminating on the basis of sex in violation of this subpart. § 106.54 Compensation. A recipient shall not make or enforce any policy or practice which, on the basis of sex: (a) Makes distinctions in rates of pay or other compensation; (b) Results in the payment of wages to employees of one sex at a rate less than that paid to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. (Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 106.55 Job classification and structure. A recipient shall not: (a) Classify a job as being for males or for females; (b) Maintain or establish separate lines of progression, seniority lists, career ladders, or tenure systems based on sex; or (c) Maintain or establish separate lines of progression, seniority systems, career ladders, or tenure systems for similar jobs, position descriptions, or job requirements which classify persons on the basis of sex, unless sex is a bona-fide occupational qualification for the positions in question as set forth in § 106.61. (Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 106.56 Fringe benefits. (a) "Fringe benefits" defined. For purposes of this part, fringe benefits means: Any medical, hospital, accident, life insurance or retirement benefit, service, policy or plan, any profitsharing or bonus plan, leave, and any other benefit or service of employment not subject to the provision of § 106.54. (b) Prohibitions. A recipient shall not: (1) Discriminate on the basis of sex with regard to making fringe benefits available to employees or make fringe § 106.57 Marital or parental status. (a) General. A recipient shall not apply any policy or take any employment action: (1) Concerning the potential marital, parental, or family status of an employee or applicant for employment which treats persons differently on the basis of sex; or (2) Which is based upon whether an employee or applicant for employment is the head of household or principal wage earner in such employee's or applicant's family unit. (b) Pregnancy. A recipient shall not discriminate against or exclude from employment any employee or applicant for employment on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom. (c) Pregnancy as a temporary disability. A recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom and any temporary disability resulting therefrom as any other temporary disability for all job related purposes, including commencement, duration and extensions of leave, payment of disability income, accrual of seniority and any other benefit or service, and reinstatement, and under any fringe benefit offered to employees by virtue of employment. (d) Pregnancy leave. In the case of a recipient which does not maintain a leave policy for its employees, or in the case of an employee with insufficient leave or accrued employment time to qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom as a justification for a leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status which she held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment. (Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 106.58 Effect of State or local law or other requirements. (a) Prohibitory requirements. The obligation to comply with this subpart is not obviated or alleviated by the existence of any State or local law or other requirement which imposes prohibitions or limits upon employment of members of one sex which are not imposed upon members of the other sex. (b) Benefits. A recipient which provides any compensation, service, or benefit to members of one sex pursuant to a State or local law or other requirement shall provide the same compensation, service, or benefit to members of the other sex. (Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 106.59 Advertising. A recipient shall not in any advertising related to employment indicate preference, limitation, specification, or discrimination based on sex unless sex is a bona-fide occupational qualification for the particular job in question. (Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 106.60 Pre-employment inquiries. (a) Marital status. A recipient shall not make pre-employment inquiry as to the marital status of an applicant § 106.61 Sex as a bona-fide occupational qualification. A recipient may take action otherwise prohibited by this subpart provided it is shown that sex is a bona-fide occupational qualification for that action, such that consideration of sex with regard to such action is essential to successful operation of the employment function concerned. A recipient shall not take action pursuant to this section which is based upon alleged comparative employment characteristics or stereotyped characterizations of one or the other sex, or upon preference based on sex of the recipient, employees, students, or other persons, but nothing contained in this section shall prevent a recipient from considering an employee's sex in relation to employment in a locker room or toilet facility used only by members of one SUBJECT INDEX TO TITLE IX PREAMBLE AND REGULATION 1 A Access to Course Offerings [43, 55, 56, 57, 58]; 106.34 Access to Schools Operated by LEA's, [44]; 106.35 Admissions, [5, 6, 30]; 106.15, 106.21 Affirmative and remedial action, [16, 17, 24]; 106.3(a); (b) Administratively separate units, [30]; 106.15(b) 106.2(0) Educational Institutions, [30], 106.15(d), 106.2(n) General, 106.21(a), 106.2(p), Preference in admission, [35]; 106.22 Affirmative Action, see "Remedial and Affirmative Actions" Assistance to "outside" discriminatory organizations, [40, 53]; 106.31(b) (7), (c) Assurances, [18]; 106.4 Duration of obligation, 106.4(b) Athletics, [69 to 78]; 106.41 Adjustment period, [78]; 106.41(d) Equal opportunity, [76, 77]; 106.41(d) Expenditures, 106.41(c) Facilities, 106.41(c) Travel, 106.41(c) Scholarships, [64, 65]; 106.37(d) General, [69, 70, 71, 72, 73, 74, 75]; 106.41(a) Separate teams, [75]; 106.41(b) Employee responsible for Title IX, see "Designation of Responsible Employee" Employment Advertising, 106.59 Application, 106.51(b) Compensation, [84, 92]; 106.54 Employment criteria, 106.52 Fringe benefits, [88, 89]; 106.56 General, [81, 82, 871; 106.51 Job Classification and Structure, 106.55 Pregnancy as Temporary Disability, [85, 93]; 106.57(c) Pregnancy Leave, [85, 93, 94]; 106.57(d) Pre-Employment Inquiry Recruitment, [83, 90, 91, 95] Sex as a BFOQ, [96]; 106.61 Student Employment, [66]; 106.38 Tenure, 106.51(b) (2) Exemptions, [5, 27, 28, 29, 30, 53]; 106.12(b), 106.14, 106.15(a), 106.15(d), 106.13, 106.16 F Federal Financial Assistance, 106.2(a) Financial Assistance to students, [46, 60, 61]; 106.37 Athletic Scholarships, [46, 64, 65]; 106.37(d) Foreign institutions, study at [63]; 106.31(c) General, 106.37 Non-need scholarships, [62]; 106.37(b) Pooling of sex-restrictive, [46, 61, 62]; 106.37(b) Sex-restrictive assistance through foreign or domestic wills [46, 61, 62]; 106.37(b) Foreign Scholarships, see "Financial assistance" 106.37 and "Assistance to 'outside' discriminatory organizations", 106.31(c) Fraternities/Sororities Social, [53, 27, 28]; 106.14(a) Business/professional, [40, 53, 27, 28]; 106.31 (b) (7) Honor societies, [40, 53]; 106.31(b) (7) Fringe benefits, [67, 88, 89]; 106.56, 106.39 Part-time employees, [89] G Grievance Procedure, see "Designation of responsible employee", 106.8(a), (b) H Health and Insurance Benefits and Services, [67, 88, 93]; 106.39, 106.56 Honor societies, [40, 53]; 106.31(b) (7) Generally, [42]; 106.32(b) J Job Classification and Structure, 106.55 LEA's, [44]; 106.35 L M Pregnancy, [85, 93, 94]; 106.57(b) Pregnancy as a temporary disability, [85, 93, 94]; 106.57(c) Pregnancy leave, [85, 93, 94]; 106.57(d) General, [49]; 106.40(a), (b) Pregnancy and related conditions, [50]; 106.40(b) (1) (2) (3) (4) (5) Class participation, [50]; 106.40(b) (1) Physician certification, [50]; 106.40(b) (2) Special classes, [50]; 106.40(b) (3) Temporary leave, [50]; 106.40(b) (4), (5) Membership Practices of Social fraternities and sororities, [27, 28, 53]; 106.14(a) Voluntary youth service organizations, [27, 28, 53]; 106.14(c) YMCA, YWCA and others, [27, 28, 53]; 106.14(b) Military and Merchant Marine Educational Institutions, [29]; 106.13 P Pooling, see "Financial Assistance", 106.37 Pre-employment Inquiries General, [85, 93, 94]; 106.57 Pregnancy as temporary disability, [85, 93, 94]; 106.57(c) Pregnancy leave, [85, 93, 94]; 106.57(d) General, [49, 50]; 106.40 (a) and (b) Pregnancy and related conditions; [50]; 106.40(b) (1) to (5) Class Participation, [50, 55, 581; 106.40(b) (1) Physical certification, [50]; 106.40(b) (2) Temporary leave, [50]; 106.40(b) (4), (5) Private Undergraduate Professional Schools, [30]; 106.15(d) Purpose of Regulation, [13]; 106.1 R Real Property, 106.2(g) Recruitment Employment Nondiscrimination, [83, 91]; 106.53(a) Patterns, 106.53(b) Student Nondiscrimination, [34, 35]; 106.23(a) Recruitment at certain institutions, 106.23 (b) Religious Organizations Application, [29, 28]; 106.12(a) Exemption, [26]; 106.12(b) S Scholarships, see "Financial Assistance", 106.37 |