§ 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) Athletics, [69 to 78]; 106.41 Adjustment period, [78]; 106.41(d) Equal opportunity, [76, 77]; 106.41(d) 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 Job Classification and Structure, 106.55 Pregnancy Leave, [85, 93, 94]; 106.57(d) 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) Generally, [42]; 106.32(b) J Job Classification and Structure, 106.55 L LEA's, [44]; 106.35 M Marital and Parental Status 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) 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 Pregnancy as temporary disability, [85, 93, 94]; 106.57(c) Pregnancy leave, [85, 93, 941; 106.57(d) 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) CHAPTER II-OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION Part 200 Page Financial assistance to local educational agencies 423 201 203 Chapter 1-migrant education program................ 458 482 205 206 Chapter 1-Migrant education coordination pro- 492 495 208 501 212 508 215 Follow through program. 516 218 Hearings in connection with school construction areas.... 524 219 221 Assistance for school expenditures and construc- 526 535 222 223 230 Assistance for local educational agencies in areas Special impact aid provisions for local educational 558 612 620 Part Page 235 Drug-free schools and communities-regional cen- 623 245 Women's Educational Equity Act program-gener- 633 246 Women's Educational Equity Act program— 636 247 Women's Educational Equity Act program— 639 250 251 Indian Education Act-general provisions................ 642 647 252 253 254 Indian-controlled schools-enrichment projects..... 652 655 658 Planning, pilot, and demonstration projects for State educational agency desegregation program... 686 689 692 699 |