45 C.F.R. § 86.51

Employment

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(a) General. (1) No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment, or recruitment, consideration, or selection therefor, whether full-time or part-time, under any education program or activity operated by a recipient which receives Federal financial assistance.

(2) A recipient shall make all employment decisions in any education program or activity operated by such recipient in a nondiscriminatory manner and shall not limit, segregate, or classify applicants or employees in any way which could adversely affect any applicant's or employee's employment opportunities or status because of sex.

(3) A recipient shall not enter into any contractual or other relationship which directly or indirectly has the effect of subjecting employees or students to discrimination prohibited by this subpart, including relationships with employment and referral agencies, with labor unions, and with organizations providing or administering fringe benefits to employees of the recipient.

(4) A recipient shall not grant preferences to applicants for employment on the basis of attendance at any educational institution or entity which admits as students only or predominantly members of one sex, if the giving of such preferences has the effect of discriminating on the basis of sex in violation of this part.

(b) Application. The provisions of this subpart apply to:

(1) Recruitment, advertising, and the process of application for employment;

(2) Hiring, upgrading, promotion, consideration for and award of tenure, demotion, transfer, layoff, termination, application of nepotism policies, right of return from layoff, and rehiring;

(3) Rates of pay or any other form of compensation, and changes in compensation;

(4) Job assignments, classifications and structure, including position descriptions, lines of progression, and seniority lists;

(5) The terms of any collective bargaining agreement;

(6) Granting and return from leaves of absence, leave for pregnancy, childbirth, false pregnancy, termination of pregnancy, leave for persons of either sex to care for children or dependents, or any other leave;

(7) Fringe benefits available by virtue of employment, whether or not administered by the recipient;

(8) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, selection for tuition assistance, selection for sabbaticals and leaves of absence to pursue training;

(9) Employer-sponsored activities, including those that are social or recreational; and

(10) Any other term, condition, or privilege of employment.

(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) [40 FR 24137, June 4, 1975, as amended at 70 FR 24321, May 9, 2005]

Notes of Decisions

Cited in 10 cases, 1977–1982 · leading case: Caulfield v. Bd. of Ed. of City of New York, 486 F. Supp. 862 (E.D.N.Y 1979).

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Caulfield v. Bd. of Ed. of City of New York, 486 F. Supp. 862 (E.D.N.Y 1979). · cites it 6× “, 45 C.F.R. § 86.51 (a)(1) (no covered grantee may discriminate on grounds of sex in employment or recruitment); 45 C.”

Univ. of Toledo v. UNITED STATES DEPT. OF HEW, 464 F. Supp. 693 (N.D. Ohio 1979). · cites it 5× “Pursuant to § 1682, HEW promulgated 45 C.F.R. § 86.51 et seq. 45 C.F.R. § 86.”

Romeo Cmty. Schs. v. United States Dep't of Health, Educ., & Welfare, 438 F. Supp. 1021 (E.D. Mich. 1977). · cites it 2× “51 makes clear that Sub-part E of Part 86, 45 C.F.R. § 86.51 et seq., covers all employment practices in all programs of federally financed schools: § 86.”

Grove City Coll. Ex Rel. Sickafuse v. Harris, 500 F. Supp. 253 (W.D. Pa. 1980). · cites it 2× “HEW’s regulations, subpart E, 45 C.F.R. 86.51 through 86.61, inclusive, which regulations purport to address discrimination on the basis of sex in employment in educational programs and activities unlawfully exceed the statutory authority and legislative purposes of the anti-sex…”

McCarthy v. Burkholder, 448 F. Supp. 41 (D. Kan. 1978). · cites it 3× “, Regulations, 45 C.F.R. § 86.51 et seq. regulating employment practices of recipients of federal funds.”

Dougherty Cnty. Sch. Sys. v. T.H. Bell, Sec'y of Educ., 694 F.2d 78 (5th Cir. 1982). “The sole issue raised by the prior appeal was the correctness of the district court’s summary judgment declaring invalid the regulations promulgated in 45 C.F.R. §§ 86.51 & 86.54. We affirmed the district court’s judgment, stating that “the regulations as written” were invalid,…”

Junior Coll. Dist. of St. Louis v. Califano, 455 F. Supp. 1212 (E.D. Mo. 1978). · cites it 2× “45 C.F.R. § 86.51 . 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…”

Dougherty Cnty. Sch. Sys. v. Harris, 622 F.2d 735 (5th Cir. 1980). “The provisions of this sub-part apply to: * * * * * * (3) Rates of pay or any other form of compensation, and changes in compensation; 45 C.F.R. § 86.51 . § 86.54 Compensation.”

Junior Coll. Dist. of St. Louis v. Califano, 597 F.2d 119 (8th Cir. 1979). “The controversial regulations by which HEW asserts its authority to regulate employment discrimination on the basis of sex, 45 C.F.R. §§ 86.51 (a), (b)(3), and 86.54, provide in part: (a) General.”

Seattle Univ. v. United States Dep't of Health, Educ. & Welfare, 621 F.2d 992 (9th Cir. 1980). “45 C.F.R. § 86.51 provides in pertinent part: (a) General.”

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