(a)(1) A contractor which maintains a policy or practice of paying
membership fees or other expenses for employee participation in private
clubs or organizations shall ensure that the policy or practice is
administered without regard to the race, color, religion, sex, or
national origin of employees.
(2) Payment or reimbursement by contractors of membership fees and
other expenses for participation by their employees in a private club or
organization which bars, restricts or limits its membership on the basis
of race, color, sex, religion, or national origin
constitutes a violation of Executive Order 11246 except where the
contractor can provide evidence that such restrictions or limitations do
not abridge the promotional opportunities, status, compensation or other
terms and conditions of employment of those of its employees barred from
membership because of their race, color, religion, sex, or national
origin. OFCCP shall provide the contractor with the opportunity to
present evidence in defense of its actions.
(b) The contractor has the responsibility of determining whether the
club or organization restricts membership on the basis of race, color,
religion, sex, or national origin. The contractor may make separate
determinations for different chapters of an organization, and where it
does so, may limit any necessary corrective action to the particular
chapters which observe discriminatory membership policies and practices.
Effective Date Note: At 46 FR 3896, Jan. 16, 1981, Sec. 60-1.11 was
added. At 46 FR 18951, Mar. 27, 1981, the effective date was deferred
until further notice.
[46 FR 3896, Jan. 16, 1981]
