C.F.R. » Title 34 » CHAPTER I—OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION › PART 106—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited

34 C.F.R. § 106.60

Pre-employment inquires

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(a) Marital status. A recipient shall not make pre-employment inquiry as to the marital status of an applicant for employment, including whether such applicant is “Miss or Mrs.”

(b) Sex. A recipient may make pre-employment inquiry as to the sex of an applicant for employment, but only if such inquiry is made equally of such applicants of both sexes and if the results of such inquiry are not used in connection with discrimination prohibited by this part.

[91 FR 61322, Sept. 29, 2026]
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2024–2024 · leading case: Dep't of Educ. v. Louisiana, 603 U.S. 866 (2024).
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Dep't of Educ. v. Louisiana, 603 U.S. 866 (2024). “33896 (to be codifed in 34 CFR § 106.60 ). 2 Specifcally, those contexts include membership in fraternities or soror- ities, 20 U.”
Dep't of Educ. v. Louisiana, 603 U.S. 866 (2024). “33896 (to be codified in 34 CFR §106.60 ). 2 Specifically, those contexts include membership in fraternities or so- rorities, 20 U.”
Dep't of Educ. v. Louisiana, 603 U.S. 866 (2024). “33896 (to be codified in 34 CFR §106.60 ). 2 Specifically, those contexts include membership in fraternities or so- rorities, 20 U.”
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