Encl. (2) to COMDTINST 5350.20A
recruitment, consideration, or selection therefore, whether full-time or part-time, under
any education program or activity operated by a recipient that 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 that 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 Sec. Sec. 17.500 through 17.550, 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 that 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 these Title IX regulations.
(b) Application. Sections 17.500 through 17.550 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 social or recreational programs; and
(10) Any other term, condition, or privilege of employment.
Sec. 17.505 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
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