Encl. (2) to COMDTINST 5350.20A
Sec. 17.540 Advertising.
A recipient shall not in any advertising related to employment indicate preference,
limitation, specification, or discrimination based on sex unless sex is a bona fide
occupational qualification for the particular job in question.
(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 these Title IX regulations.
Sec. 17.550 Sex as a bona fide occupational qualification.
A recipient may take action otherwise prohibited by Sec. Sec. 17.500 through 17.550
provided it is shown that sex is a bona fide occupational qualification for that action, such
that consideration of sex with regard to such action is essential to successful operation of
the employment function concerned. A recipient shall not take action pursuant to this
section that is based upon alleged comparative employment characteristics or stereotyped
characterizations of one or the other sex, or upon preference based on sex of the recipient,
employees, students, or other persons, but nothing contained in this section shall prevent
a recipient from considering an employee's sex in relation to employment in a locker
room or toilet
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facility used only by members of one sex.
Subpart F--Procedures
Sec. 17.600 Notice of covered programs.
Within 60 days of March 6, 2003, each component of the Department that awards
Federal financial assistance shall publish in the Federal Register a notice of the programs
covered by these Title IX regulations. Each such component shall periodically republish
the notice of covered programs to reflect changes in covered programs. Copies of this
notice also shall be made available upon request to the Department's office that enforces
Title IX.
Sec. 17.605 Enforcement procedures.
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