Pub. L. 103-160, div. A, tit. V, subtit. D, sec. 543

GENDER-NEUTRAL OCCUPATIONAL PERFORMANCE STANDARDS.

EnactedYear: 1993Length: 394 wordsOfficial source
SEC. 543. GENDER-NEUTRAL OCCUPATIONAL PERFORMANCE STANDARDS. (a) Gender Neutrality Requirement.—In the case of any military occupational career field that is open to both male and female members of the Armed Forces, the Secretary of Defense— (1) shall ensure that qualification of members of the Armed Forces for, and continuance of members of the Armed Forces in, that occupational career field is evaluated on the basis of common, relevant performance standards, without differential standards or evaluation on the basis of gender; (2) may not use any gender quota, goal, or ceiling except as specifically authorized by law; and (3) may not change an occupational performance standard for the purpose of increasing or decreasing the number of women in that occupational career field. (b) Requirements Relating To Use of Specific Physical Requirements.—(1) For any military occupational specialty for which the Secretary of Defense determines that specific physical requirements for muscular strength and endurance and cardiovascular capacity are essential to the performance of duties, the Secretary shall prescribe specific physical requirements for members in that specialty and shall ensure (in the case of an occupational specialty that is open to both male and female members of the Armed Forces) that those requirements are applied on a gender-neutral basis. 107 STAT. 1661 (2) Whenever the Secretary establishes or revises a physical requirement for an occupational specialty, a member serving in that occupational specialty when the new requirement becomes effective, who is otherwise considered to be a satisfactory performer, shall be provided a reasonable period, as determined under regulations prescribed by the Secretary, to meet the standard established by the new requirement. During that period, the new physical requirement may not be used to disqualify the member from continued service in that specialty. (c) Notice to Congress of Changes.—Whenever the Secretary of Defense proposes to implement changes to the occupational standards for a military occupational field that are expected to result in an increase, or in a decrease, of at least 10 percent in the number of female members of the Armed Forces who enter, or are assigned to, that occupational field, the Secretary of Defense shall submit to Congress a report providing notice or the change and the justification and rationale for the change. Such changes may then be implemented only after the end of the 60-day period beginning on the date on which such report is submitted.
Pub. L. 103-160, div. A, tit. V, subtit. D, sec. 543: GENDER-NEUTRAL OCCUPATIONAL PERFORMANCE STANDARDS. | Justis AI