28.505—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.