§ 106.61 Sex as a bona-fide occupational qualification.

A recipient may take action otherwise prohibited by this subpart 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 which 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 facility used only by members of one

higher education, 106.15(e) Recruitment, [34, 35]; 106.23 Specific prohibitions, 106.21(b) Tests, [31]; 106.21(b) (2)

Preference in admission, [35]; 106.22 Advertising, 106.59

Affirmative Action, see "Remedial and Affirmative Actions"

Assistance to "outside" discriminatory organizations, [40, 53]; 106.31(b) (7), (c)

Assurances, [18]; 106.4

Duration of obligation, 106.4(b)
Form, 106.4(c)

Athletics, [69 to 78]; 106.41

Adjustment period, [78]; 106.41(d)
Contact sport defined, 106.41(d)

Equal opportunity, [76, 77]; 106.41(d)
Determining factors, 106.41(c) (i) to (x)

Equipment, 106.41(c)

Expenditures, 106.41(c)

Facilities, 106.41(c)

Travel, 106.41(c)

Scholarships, [64, 65]; 106.37(d)

General, [69, 70, 71, 72, 73, 74, 75]; 106.41(a)

Separate teams, [75]; 106.41(b)

E

Education Institutions

Controlled by religious organizations, 106.12

Application, [28, 29]; 106.12(a)

Exemption, [26]; 106.12(b) Education Program and Activities

Benefiting from Federal financial assistance, [10, 11]; 106.11

General, [10, 11, 53]; 106.31(a)

Programs not operated by recipient, [41, 54]; 106.31(c)

Specific prohibitions, [38, 39, 40, 53]; 106.31 (b)

Effective Date, [3]

Employee responsible for Title IX, see "Designation of Responsible Employee" Employment

Advertising, 106.59

Application, 106.51(b)

Compensation, [84, 92]; 106.54

Employment criteria, 106.52

Fringe benefits, [88, 89]; 106.56
General, [81, 82, 87]; 106.51

Job Classification and Structure, 106.55
Marital and Parental Status, 106.57
Pregnancy, [85, 93]; 106.57(b)
Pregnancy as Temporary Disability, [85,
931; 106.57(c)

Pregnancy Leave, [85, 93, 94]; 106.57(d)
Pre-Employment Inquiry

Recruitment, [83, 90, 91, 95]

Non-need scholarships, [62]; 106.37(b) Pooling of sex-restrictive, [46, 61, 62]; 106.37(b)

Sex-restrictive assistance through foreign or domestic wills [46, 61, 62]; 106.37(b) Foreign Scholarships, see "Financial assistance" 106.37 and “Assistance to 'outside' discriminatory organizations", 106.31(c) Fraternities/Sororities

Social, [53, 27, 28]; 106.14(a) Business/professional, [40, 53, 27, 28]; 106.31 (b) (7)

Honor societies, [40, 53]; 106.31(b) (7) Fringe benefits, [67, 88, 89]; 106.56, 106.39 Part-time employees, [89]

G

Grievance Procedure, see "Designation of responsible employee”, 106.8(a), (b)

H

Health and Insurance Benefits and Services, [67, 88, 93]; 106.39, 106.56

Honor societies, [40, 53]; 106.31(b) (7)
Housing, 106.32

Generally, [42]; 106.32(b)
Provided by recipient, 106.32(b)
Other housing, [54]; 106.32(c)

J

Job Classification and Structure, 106.55 L

LEA's, [44]; 106.35

M

Marital and Parental Status
Employment

General, [85, 93, 94]; 106.57

Pregnancy, [85, 93, 94]; 106.57(b)

Pregnancy as a temporary disability, [85, 93, 94]; 106.57(c)

Pregnancy leave, [85, 93, 94]; 106.57(d)
Students

General, [49]; 106.40(a), (b)

Pregnancy and related conditions, [50]; 106.40(b) (1) (2) (3) (4) (5)

Class participation, [50]; 106.40(b) (1) Physician certification, [50]; 106.40(b) (2) Special classes, [50]; 106.40(b) (3) Temporary leave, [50]; 106.40(b) (4), (5) Membership Practices of Social fraternities and sororities, [27, 28, 53]; 106.14(a) Voluntary youth service organizations, [27, 28, 53]; 106.14(c)

YMCA, YWCA and others, [27, 28, 53]; 106.14(b)

Military and Merchant Marine Educational Institutions, [29]; 106.13

Pregnancy, Employment
General, [85, 93, 94]; 106.57
Pregnancy, [85, 93, 94]; 106.57(b)

Pregnancy as temporary disability, [85, 93, 94]; 106.57(c)

Pregnancy leave, [85, 93, 941; 106.57(d)
Students

General, [49, 50]; 106.40 (a) and (b)

Pregnancy and related conditions; [50]; 106.40(b) (1) to (5)

Class Participation, [50, 55, 58]; 106.40(b) (1)