41.505—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.