34 C.F.R. § 104.13

Employment criteria

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(a) A recipient may not make use of any employment test or other selection criterion that screens out or tends to screen out handicapped persons or any class of handicapped persons unless:

(1) The test score or other selection criterion, as used by the recipient, is shown to be job-related for the position in question, and

(2) Alternative job-related tests or criteria that do not screen out or tend to screen out as many handicapped persons are not shown by the Director to be available.

(b) A recipient shall select and administer tests concerning employment so as best to ensure that, when administered to an applicant or employee who has a handicap that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant's or employee's job skills, aptitude, or whatever other factor the test purports to measure, rather than reflecting the applicant's or employee's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure).

Notes of Decisions

Cited in 2 cases, 1995–2001 · leading case: Kathleen Borkowski v. Valley Cent. Sch. Dist., 63 F.3d 131 (2d Cir. 1995).

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Kathleen Borkowski v. Valley Cent. Sch. Dist., 63 F.3d 131 (2d Cir. 1995). “See 34 C.F.R. § 104.13 (b); 45 C.F.R. § 84.13 (b); cf.”

Jacalyn Thornton v. McClatchy Newspapers, Inc., 261 F.3d 789 (9th Cir. 2001). “309 (b) (emphases added); see also 34 C.F.R. §§ 104.13 (b), 104.35(b)(3), 104.”

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