29 CFR Ch XIV

7/28/2019 29 CFR Ch XIV

1/7

Equal Employment Opportunity Commission1608.1 29CFR Ch. XIV 7-1-91 Edition

PART 1608-AFFIRMATIVE ACTIONAPPROPRIATE UNDER TITLE VII OF THE CIVILRIGHTS ACT OF 1964, AS AMENDED

Sec.1608.1 Statement of purpose.1608.2 Written interpretation and opinion.2608.3 Circumstances under which voluntary

affirmative action is appropriate.1608.4 Establishing affirmative action plans.1608.5 Affirmative action compliance programs

under Executive order No. 11246, asamended.

1608.6 Affirmative action plans which are part ofCommission conciliation or settlementagreements.

1608.7 Affirmative action plans or programs under Stateor local law.

1608.8 Adherence to court order.1608.9 Reliance on directions of other government

agencies.1608.10 Standard of review.1608.11 Limitations on the application of these

guidelines1608.12 Equal employment opportunity plans

adopted pursuant to section 717 of TitleVII.

AUTHORITY: Sec. 723 the Civil Rights Act of 1964,as amended. 42 U.S.C. 2000e-12, 78 Stat. 265.SOURCE: 44 FR 4422 Jan. 19. 1979, unlessotherwise noted.

1608.1 Statement of purpose.

(a) Need for Guidelines. Since the passage of titleVII in 1964, many employers. labor organizations. andother persons subject to title VII have changed theiremployment practices and systems to improveemployment opportunities for minorities and women, andthis must continue. These changes have been undertakeneither on the initiative of the employer. labororganization. or other person subject to title VU. or as aresult of conciliation efforts under title VII. action underExecutive Order 11246. as amended. or under otherFederal. state. or local laws. or litigation. Manydecisions taken pursuant to affirmative action plans or

programs have been race. sex. or national originconscious in order to achieve the Congressional purpose

of providing equal employment opportunity.Occasionally, these actions have been challenged asinconsistent with title VII, because they took into accountrace, sex, or national origin. This the so-called "reversediscrimination" claim. In such a situation, both theaffirmative undertaken to improve the conditions ofminorities and women, and the objection to that action,are based upon the principles of title VII. Anyuncertainty as to the meaning and application of title VIIin such situations threatens the accomplishment of the

clear Congressional intent to encouragevoluntary affirmative action. The Commission

believes that by the enactment of title VIICongress did not intend to expose those whocomply with the Act to charges that they areviolating the very statute they are seeking to

implement. Such a result would immobilize orreduce the efforts of many who would otherwisetake action to Improve the opportunities ofminorities and women without litigation. thusfrustrating the Congressional intent toencourage voluntary action and increasing the

prospect of title VII litigation. The Commissionbelieves that It Ls now necessary to clarify andharmonize the principles of title VII In order toachieve these Congressional objectives and

protect those employers. labor organizations,and other persons who comply with the

principles of title VII.

Purposes of title VIL Congress enacted titleVII in order to improve the economic and socialconditions of minorities and women by

providing equality of opportunity in the workplace. These conditions were part of a largerpattern of restriction. exclusion. discrimination.segregation. and inferior treatment of minoritiesand women in many areas of life.2 TheLegislative Histories of title V7I. the Equal PayAct. and the Equal Employment OpportunityAct of 1972 contain extensive analyses of thehigher unemployment rate. the lesseroccupational status, and the consequent lowerIncome levels of minorities and women. 3 The

purpose of Executive Order No. 22246, asamended, is similar to the purpose of title VII.In response to these economic and socialconditions, Congress, by passage of title VII,established a national policy againstdiscrimination In

2 Congress has also addressed these conditions in other laws, includingthe Equal Pay Act of 1963, Pub. L. 98-38, 77 Stat. 56 (1963), as amended; theother titles of the Civil Rights Act of 1964, Pub. L. 88-352, 78 Stat. 241 (1964), asamended; the Voting Rights Act Of 1965, Pub. L. 89-110, 79 Stat. 437 (1965),as amended; the Fair Housing Act of 1968. Pub. L. 90-284. title VII, 82 Stat. 73,81 (1963), as amended; the Educational Opportunity Act (title IX), Pub. L. 92-318, 86 Stat.373 (1972), as amended; and the Equal Employment OpportunityAct Of 1972, Pub. L. 92-261, 86 Stat. 103 (1972), as amended.

3 Equal Pay Act of 1963: S. Rep. No. 176, 88th Cong., 1st Sess., 1-2(1983). Civil Rights Act of 1964: H.R. Rep. No. 914, pt. 2, 88th Cong.. 1st Sess.(1971). Equal Employment Opportunity Act of 1972: H.R. Rep. No. 92-238, 92dCong., 1st Sess. (1971); S. Rep. No. 92-415. 92d Cong.. 1 st Sess. (1971). See also.Equal Employment Opportunity Commission,Equal Opportunity Report - 1975,Job Patterns for Women in Private Industry (1977); Equal EmploymentOpportunity Commission, Minoritie s and Women in State and LocalGovernment - 1975 (1977); United States Commission on Civil Rights, SocialIndicators of Equality for Minoritie s and Women(1978).

(b) employment on grounds of race, color,religion, sex, and national origin. Inaddition, Congress strongly encouragedemployers, labor organizations, and other

persons subject to title VII (hereinafter referredto Ls "persons." see section 701(a) of the Act) toact on a voluntary basis to modify employment

7/28/2019 29 CFR Ch XIV

2/7


practices and systems which constituted barriers to equalemployment opportunity, without awaiting litigation orformal government action. Conference, conciliation, and

persuasion were the primary processes adopted byCongress in 1964, and reaffirmed in 1972, to achievethese objectives, with enforcement action through the

courts or agencies as a supporting procedure wherevoluntary action did not take place and conciliationfailed. See section 706 of title VII.

(c) Interpretation in furtherance of legislativepurpose. The principle of nondiscrimination inemployment because of race, color, religion, sex, ornational origin and the principle that each personsubject to Title VII should take voluntary action tocorrect the effects of past discrimination and to

prevent present and future discrimination withoutawaiting litigation, are mutually consistent andinterdependent methods of addressing social andeconomic conditions which precipitated the

enactment of title VII. Voluntary affirmative actionto improve opportunities for minorities and womenmust be encouraged and protected In order to carryout the Congressional intent embodied In title VII.4

Affirmative action under these principles meansthose actions appropriate to overcome the effects of

past or present practices, policies, or other barriers toequal employment opportunity. Such voluntaryaffirmative action cannot be measured by thestandard of whether it would have been required hadthere been litigation, for this standard wouldundermine the legislative purpose of firstencouraging voluntary action without litigation.Rather, persons subject to title VII must be allowed

flexibility in modifying employment systems andpractices to comport with the purposes of title VII.Correspondingly, title VII must be construed to

permit such voluntary action, and those taking suchaction should be afforded the protection against titleVII liability which the Commission is authorized to

provide under section 713(b)(1).

(d) Guidelines interpret Title VII and authorize useof section 713(b)(1). These Guidelines describe thecircumstances in which persons subject to title VII maytake or agree upon action to improve employmentopportunities of minorities and women, and describe thekinds of actions they may take which are consistent with

title VII. These Guidelines constitute the Commissionsinterpretation of title VII and will be applied in theprocessing of claims of discrimination which involvevoluntary affirmative action plans and programs. Inaddition, these Guidelines state the circumstances underwhich the Commission will recognize that a personsubject to title VII is entitled to assert that actions weretaken in good faith, in conformity with, and in relianceupon a written interpretation or opinion of theCommission," including reliance upon the interpretation

and opinion contained in these Guidelines, andthereby invoke the protection of section 713(b)(l) of title VII.

(e) Review of existing plans recommended.Only affirmative action plans or proadopted In good faith, in conformity with,and in reliance upon these Guidelines canreceive the full protection of theseGuidelines, including the section 713(b)(1)defense. See 1608.10. Therefore, personssubject to title VII who have existingaffirmative action plans, programs, oragreements are encouraged to review themin light of these Guidelines, to modify themto the extent necessary to comply with theseGuidelines, and to readopt or reaffirm them.

1608.2 Written interpretation and opinion.

These Guidelines constitute "a written

interpretation and opinion" of the EqualEmployment Opportunity Commission as thatterm is used in section 713(b)(1) of title VII ofthe Civil Rights Act of 1964, as amended, 42U.S.C. 2000e-12(b)(1), and 1601.33 of theProcedural Regulations of the EqualEmployment Opportunity Commission (29 CFR1601.30; 42 FR 55, 394 (October 14. 1977)).Section 713(b)(1) provides:

In any action or proceeding based on anyalleged unlawful employment practice, no

person shall be subject to any liability orpunishment for or on account of (1) thecommission by such person of an unlawfulemployment practice if he pleads and provesthat the act or omission complained of was ingood faith, in conformity with, and in relianceon any written interpretation or opinion of theCommission .

4 Affirmative action often improves opportunities for all members of theworkforce, as where affirmative action includes the posting of notices of jobvacancies. Similarly, the integration of previously segregated jobs means that allworkers will be provided opportunities to enter jobs previously restricted. See,e.g., EEOC v. AT&T, 419 F. Supp. 1022 (E.D. Pa. 1976). affd, 556 F. 2d 167 (3rdCir. 1977). Cert. denied 98 S. Ct. 3145 (1978).

Such a defense, if established, shall be a bar tothe action or proceeding, notwithstanding that

after such act or omission. suchinterpretation or opinion is modified orrescinded or Ls determined by judicial authorityto be invalid or of no legal effect .

The applicability of these Guidelines is subjectto the limitations on use set forth in 1608.11.

1608.3 Circumstances under whichvoluntary affirmative action is appropriate.

7/28/2019 29 CFR Ch XIV

3/7


(a) Adverse effect. Title VII prohibits practices,procedures, or policies which have an adverse impactunless they are justified by business necessity. Inaddition, title VII proscribes practices which "tend todeprive" persons of equal employment opportunities.Employers. labor organizations, and other persons

subject to title VII may take affirmative action based onan analysis which reveals facts constituting actual or

potential adverse impact, if such adverse impact is likelyto result from existing or contemplated practices.

(b) Effects of prior discriminatory practices.Employers, labor organizations, or other persons subjectto title VII may also take affirmative action to correct theeffects of prior discriminatory practices. The effects of

prior discriminatory practices can be initially identifiedby a comparison between the employer's work force, or apart thereof, and an appropriate segment of the laborforce.

(c) Limited labor pool. Because of historic

restrictions by employers, labor organizations, andothers, there are circumstances in which the available

pool, particularly of qualified minorities and women, foremployment or promotional opportunities is artificiallylimited. Employers, labor organizations, and other

persons subject to title VII may, and are encouraged totake affirmative action in such circumstances, including,

but not limited to, the following:

(1) Training plans and programs,including on-the-job training, which emphasize

providing minorities and women with the opportunity,skill. and experience necessary to perform the functionsof skilled trades, crafts, or professions;

(2) Extensive and focused recruitingactivity;

(3) Elimination of the adverse impactcaused by invalidated selection criteria (see sections 3and 6, Uniform Guidelines on Employee SelectionProcedures (1978), 43 FR 38290; 38297; 38299 (August25. 1978));

(4) Modification through collectivebargaining where a labor organization representsemployees, or unilaterally where one does not, of

promotion and layoff procedures.

1608.4 Establishing affirmative action plans.

An affirmative action plan or program under this sectionshall contain three elements: a reasonable self analysis; areasonable basis for concluding action is appropriate; andreasonable action.

(a) Reasonable self analysis . The objective of a selfanalysis is to determine whether employment practicesdo, or tend to, exclude, disadvantage, restrict, or result inadverse impact or disparate treatment of previouslyexcluded or restricted groups or leave uncorrected the

effects of prior discrimination, and if so, toattempt to determine why. There Is nomandatory method of conducting a self analysis.The employer may utilize techniques used inorder to comply with Executive Order 11246, asamended, and its implementing regulations,

including 41 CFR part 60-2 (known as RevisedOrder 4), or related orders issued by the Officeof Federal Contract Compliance Programs or itsauthorized agencies, or may use an analysissimilar to that required under other Federal,state, or local laws or regulations prohibitingemployment discrimination. In conducting asell analysis, the employer, labor organization,or other person subject to title VII should beconcerned with the effect on its employment

practices of circumstances which may be theresult of discrimination by other persons orinstitutions. See Griggs v. Duke Power Co., 401U.S. 424 (1971).

(b) Reasonable basis. If the self analysisshows that one or more employment practices:(1) Have or tend to have an adverse effect onemployment opportunities of members of

previously excluded groups, or groups whoseemployment, or promotional opportunities have

been artificially limited; (2) leave uncorrectedthe effects of prior discrimination; or (3) resultin disparate treatment, the person making theself analysis has a reasonable basis forconcluding that action is appropriate. It Is notnecessary that the self analysis establish aviolation of title VII. This reasonable basis

exists without any admission or formal findingthat the person has violated title VII, andwithout regard to whether there exists arguabledefenses to a title VII action.

(c) Reasonable action. The action takenpursuant to an affirmative action plan orprogram must be reasonable in relation to theproblems disclosed by the self analysis. Suchreasonable action may include goals andtimetables or other appropriate employmenttools which recognize the race, sex, or nationalorigin of applicants or employees. It mayinclude the adoption of practices which will

eliminate the actual or potential adverse impact,disparate treatment, or effect, or pastdiscrimination by providing opportunities formembers of groups which have been excluded.regardless of whether the persons benefited werethemselves the victims of prior policies or

procedures which produced the adverse impactor disparate treatment or which perpetuated pastdiscrimination

7/28/2019 29 CFR Ch XIV

4/7


(1) Illustrations of appropriate affirmativeaction. Affirmative action plans or programs mayinclude, but are not limited to, those described in theEqual Employment Opportunity Coordinating Council"Policy Statement on Affirmative Action Programs forState and Local Government Agencies." 41 FR 38814

(September 13, 1976), reaffirmed and extended to allpersons subject to Federal equal employment opportunitylaws and orders, in the Uniform Guidelines on EmployeeSelection Procedures (1978) 43 FR 33290, 38300 (Aug.25, 1978). That statement reads, in relevant part:

(i) When an employer has reasonto believe that its selection procedures have exclusionary effect , it should initiate affirmativeaction steps to remedy the situation. Such steps, whichin design and execution may be race, color, sex, or ethnicconscious, include, but are not limited to, thefollowing:

(1) The establishment of

a long term goal and short range, interim goals andtimetables for the specific job classifications, all of whichshould take into account the availability of basicallyqualified persons in the relevant job market;

(2) A recruitmentprogram designed to attract qualified members of thegroup in question;

(3) A systematic effort toorganize work and re-design jobs in ways that provideopportunities for persons lacking journeymen levelknowledge or skills to enter and, with appropriatetraining, to progress in a career field;

(4) Revamping selectioninstruments or procedures which have not yet beenvalidated in order to reduce or eliminate exclusionaryeffects on particular groups in particular jobclassifications;

(5) The initiation of measures designed to assure that members of the affectedgroup who are qualified to perform the job are includedwithin the pool of persons from which the selectingofficial makes the selection;

(6) A systematic effort toprovide career advancement training, both classroom andon-the-job, to employees locked into dead end jobs; and

(7) The establishment of asystem for regularly monitoring the effectiveness of the

particular affirmative action program, and procedures formaking timely adjustments in this program whereeffectiveness is not demonstrated.

(2) Standards of reasonable action. Inconsidering the reasonableness of a particular affirmativeaction plan or program, the Commission will generallyapply the following standards:

(i) The plan should betailored to solve the problems which wereidentified in the self analysis, see 1608.4(a),supra, and to ensure that employment systemsoperate fairly in the future, while avoidingunnecessary restrictions on opportunities for the

workforce as a whole. The race, sex, andnational origin conscious provisions of the planor program should be maintained only so longas is necessary to achieve these objectives.

(ii) Goals and timetablesshould be reasonably related to suchconsiderations as the effects of pastdiscrimination, the need for prompt eliminationof adverse impact or disparate treatment, theavailability of basically qualified or qualifiableapplicants, and the number of employmentopportunities expected to be available.

(c) Written or unwritten plans or programs

- (1) Written plans required for 713(b)(1)Protection. The protection of section 713(b) oftitle VII will be accorded by the Commission toa person subject to title VII only if the selfanalysis and the affirmative action plan aredated and in writing, and the plan otherwisemeets the requirements of section 713(b)(1).The Commission will not require that there beany written statement concluding that a title VIIviolation exists.

(1) Reasonable causedeterminations. Where an affirmative action

plan or program is alleged to violate title VII, or

is asserted as a defense to a charge ofdiscrimination, the Commission will investigatethe charge in accordance with its usual

procedures and pursuant to the standards setforth in these Guidelines, whether or not theanalysis and plan are in writing. However. theabsence of a written self analysis and a writtenaffirmative action plan or program may make itmore difficult to provide credible evidence thatthe analysis was conducted, and that action wastaken pursuant to a plan or program based onthe analysis. Therefore, the Commissionrecommends that such analyses and plans be inwriting.

1608.5 Affirmative action complianceprograms under Executive Order No. 11246,as amended.

Under title VII, affirmative action complianceprograms adopted pursuant to Executive Order11246, as amended, and its implementingregulations, including 41 CFR part 60-2(Revised Order 4), will be considered by theCommission in light of the similar purposes of

7/28/2019 29 CFR Ch XIV

5/7


title VII and the Executive Order, and the Commissionsresponsibility under Executive Order 12067 to avoid

potential conflict among Federal equal employmentopportunity programs . Accordingly, the Commissionwill process title VII complaints involving suchaffirmative action compliance programs under this

section.

(a) Procedures for review of Affirmative ActionCompliance Programs. If adherence to an affirmativeaction compliance program adopted pursuant toExecutive Order 11246, as amended, and itsimplementing regulations, is the basis of a complaintfiled under title VII, or is alleged to be the justificationfor an action which is challenged under title VII, theCommission will investigate to determine whether theaffirmative action compliance program was adopted by a

person subject to the Order and pursuant to the Order,and whether adherence to the program was the basis ofthe complaint or the justification.

(1) Programs previously approved. If theCommission makes the determination described in

paragraph (a) of this section and also finds that theaffirmative action program has been approved by anappropriate official of the Department of Labor or itsauthorized agencies, or is Part of a conciliation orsettlement agreement or in order of in administrativeagency, whether entered by consent or aftercontested proceedings brought to enforce ExecutiveOrder 11246, as amended, the Commission willissue a determination of no reasonable cause.

(2) Program not previously approved. Ifthe Commission makes the determination described

in paragraph (a), of this section but the program hasnot been approved by an appropriate official of theDepartment of Labor or its authorized agencies, theCommission will:

(3) Follow the procedure in 1608.10(a) and review the program, or

(4) refer the plan to the Department ofLabor for a determination ofwhether it is to be approved underExecutive Order 11246, asamended, and its implementingregulations. If, the Commissionfinds that the program does

conform to these Guidelines, or theDepartment of Labor approves theaffirmative action compliance

program, the Commission willissue a determination of noreasonable cause under 1608.10(a).

(b) Reliance on these guidelines. In addition, if theaffirmative action compliance program has been adopted

in good faith reliance on these Guidelines, theprovisions of section 713(b)(1) of the Title VIIand of 11608.10(b), of this part, may beasserted by the contractor.

11608.6 Affirmative action plans which arepart of Commission conciliation or settlementagreements.

(a) Procedures for review or plans. Ifadherence to a conciliation or settlementagreement executed under title VII andapproved by a responsible official of theEEOC is the basis of a complaint filedunder title VII, or is alleged to be the

justification for an action challenged undertitle VII, the Commission will investigate todetermine:

(b) Whether the conciliationagreement or settlement agreement was

approved by a responsible official of theEEOC, and

(c) Whether adherence to theagreement was the basis or thecomplaint or justification. If theCommission so finds, it will makedetermination of no reasonableCause under 1608.10(a) and willadvise the respondent of its rightunder section 713(b)(1) of title VIIto rely on the conciliationagreement.

(b) Reliance an these guidelines. In

addition, if the affirmative action plan orprogram has been adopted in good faith relianceon these Guidelines, the provisions of section713(b)(1) of title VII and of 1608.10(b), of this

part, may be asserted by the respondent.

1608.7.7 Affirmative action plans orprograms under State or local law.

Affirmative action plans or programs executedby agreement with state or local governmentagencies, or by order of state or localgovernment agencies, whether entered byconsent or after contested proceedings, understatutes or ordinances described in title VII, will

be reviewed by the Commission in light of thesimilar purposes of title VII and such statutesand ordinances. Accordingly, the Commissionwill process title VII complaints involving suchaffirmative action plans or programs under thissection.

(a) Procedures for review of plans orprograms. If adherence to an affirmativeaction plan or program executed pursuant to

7/28/2019 29 CFR Ch XIV

6/7


a state statute or local ordinance described in titleVII is the basis of a complaint filed under title VII oris alleged to be the justification for an action whichis challenged under title VII, the Commission willInvestigate to determine:

(b) Whether the affirmative action plan orprogram was executed by an employer, labororganization, or person subject to the statute orordinance;

(c) Whether the agreement was approvedby an appropriate official of the state or localgovernment,

(d) and, Whether adherence to the plan orprogram was the basis of the complaint orjustification

(i) Previously Approved Plans orPrograms. If the Commission finds the facts described inparagraph (a) of this section, the Commission will, in

accordance with the "substantial weight" provisions ofsection 706 of the Act, find no reasonable cause whereappropriate.

(ii) Plans or Programs notpreviously approved. If the plan or program has notbeen approved by an appropriate official of the state orlocal government, the Commission will follow the

procedure of 1608.10 of these Guidelines. If theCommission finds that the plan or program does conformto these Guidelines, the Commission will make adetermination of no reasonable cause as set forth in 1608.10(a).

(b) Reliance on these guidelines . In addition, if theaffirmative action plan or program has been adopted ingood faith reliance on these Guidelines, the provisions ofsection 713(b)(l) and 1608.10(b), of this part, may beasserted by the respondent.

1608.8 Adherence to court order.

Parties are entitled to rely on orders of courts ofcompetent jurisdiction. If adherence to an Order of aUnited States District Court or other court of competent

jurisdiction, whether entered by consent or aftercontested litigation, in a case brought to enforce aFederal, state, or local equal employment opportunity lawor regulation, is the basis of a complaint filed under title

VII or is alleged to be the justification for an actionwhich is challenged under title VII, the Commission willInvestigate to determine:

(a) Whether such an Order exists and

(b) Whether adherence to the affirmative actionplan which is part of the Order was the basis of thecomplaint or justification.

If the Commission so finds, it will issue adetermination of no reasonable cause. TheCommission interprets title VII to mean thatactions taken pursuant to the direction of aCourt Order cannot give rise to liability undertitle VII.

1608.9 Reliance on directions of othergovernment agencies.

When a charge challenges an affirmative actionplan or program, or when such a plan orprogram is raised as justification for anemployment decision, and when the plan or

program was developed pursuant to therequirements of a Federal or state law orregulation which in part seeks to ensure equalemployment opportunity, the Commission will

process the charge In accordance with 1608.10(a). Other agencies with equalemployment opportunity responsibilities may

apply the principles of these Guidelines in theexercise of their authority.

1608.10 Standard of review.

(a) Affirmative action plans or programsnot specifically relying on these guidelines. If,during the investigation of a charge ofdiscrimination filed with the Commission, arespondent asserts that the action complained ofwas taken pursuant to and in accordance with a

plan or program of the type described in theseGuidelines, the Commission will determinewhether the assertion is true, and if so, whethersuch a plan or program conforms to therequirements of these guidelines. If theCommission so finds, it will issue adetermination of no reasonable cause and, whereappropriate, will state that the determinationconstitutes a written interpretation or opinion ofthe Commission under section 713(b)(1). Thisinterpretation may be relied upon by therespondent and asserted as a defense in theevent that new charges involving similar factsand circumstances are thereafter filed againstthe respondent, which are based on actionstaken pursuant to the affirmative action plan or

program. If the Commission does not so find, it

will proceed with the investigation in the usualmanner.

(b) Reliance on these guidelines. If arespondent asserts that the action taken was

pursuant to and in accordance with a plan orprogram which was adopted or implemented ingood faith, in conformity with, and in relianceupon these Guidelines, and the self analysis and

plan are in writing, the Commission willdetermine whether such assertion is true. If the

7/28/2019 29 CFR Ch XIV

7/7


Commission so finds, it will so state in the determinationof no reasonable cause and will advise the respondentthat:

(1) The Commission has found that therespondent is entitled to the protection of section 713(b)(1) of title VII; and

(2) That the determination is itself anadditional written interpretation or opinion of theCommission pursuant to section 713(b)(1).

1608.11 Limitations on the application of @guidelines.

(a) No determination of adequacy of plan orprogram. These Guidelines are applicable only withrespect to the circumstances described in 1608.1(d), ofthis part. They do not apply to, and the section 713(b)(1)defense is not available for the purpose of, determiningthe adequacy of an affirmative action plan or program toeliminate discrimination. Whether an employer who

takes such affirmative action has done enough to remedysuch discrimination will remain a question of fact in eachcase.

(b) Guidelines inapplicable in absence ofaffirmative action. Where an affirmative action plan or

program does not exist, or where the plan or program isnot the basis of the action complained of, theseGuidelines are inapplicable.

(c) Currency of plan or program. Under section713(b)(1), persons may rely on the plan or program onlyduring the time when it is current. Currency is related tosuch factors as progress in correcting the conditions by

the self analysis. The currency of the plan or program isa question of fact to be determined on a case by casebasis. Programs developed under Executive Order11246, as amended, will be deemed current inaccordance with Department of Labor regulations at 41CFR chapter 60, or successor orders or regulations.

1608.12 Equal employment opportunity plansadopted pursuant to section 717 of Title VII.

If adherence to an Equal Employment Opportunity Plan,adopted pursuant to section 717 of title VII, andapproved by an appropriate official of the U.S. CivilService Commission, is the basis of a complaint filedunder title VII, or is alleged to be the justification for an

action under title VII, these Guidelines will apply in amanner similar to that set forth in 1608.5. TheCommission will issue regulations setting forth the

procedure for processing such complaints.

29 CFR Ch XIV

Documents

Transcript of 29 CFR Ch XIV