C.F.R. » Title 45 » SUBCHAPTER A—GENERAL ADMINISTRATION › PART 86—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

45 C.F.R. § 86.55

Job classification and structure

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A recipient shall not:

(a) Classify a job as being for males or for females;

(b) Maintain or establish separate lines of progression, seniority lists, career ladders, or tenure systems based on sex; or

(c) Maintain or establish separate lines of progression, seniority systems, career ladders, or tenure systems for similar jobs, position descriptions, or job requirements which classify persons on the basis of sex, unless sex is a bona-fide occupational qualification for the positions in question as set forth in § 86.61.

(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) [40 FR 24128, June 4, 1975; 40 FR 39506, Aug. 28, 1975]
Notes of Decisions
Cited in 1 case, 1981–1981 · leading case: Bd. of Educ. v. Califano, 507 F. Supp. 827 (S.D.N.Y. 1981).
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Bd. of Educ. v. Califano, 507 F. Supp. 827 (S.D.N.Y. 1981). “which classify persons on the basis of sex, unless sex is a bona-fide occupational qualification for the positions in question,” 45 C.F.R. § 86.55 (a), and that that section was effective July 1975, 45 C.”
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