[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1608.11]

[Page 232]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1608--AFFIRMATIVE ACTION APPROPRIATE UNDER TITLE VII OF THE CIVIL 
RIGHTS ACT OF 1964, AS AMENDED--Table of Contents
 
Sec. 1608.11  Limitations on the application of these guidelines.

    (a) No determination of adequacy of plan or program. These 
Guidelines are applicable only with respect to the circumstances 
described in Sec. 1608.1(d), of this part. They do not apply to, and the 
section 713(b)(1) defense is not available for the purpose of, 
determining the adequacy of an affirmative action plan or program to 
eliminate discrimination. Whether an employer who takes such affirmative 
action has done enough to remedy such discrimination will remain a 
question of fact in each case.
    (b) Guidelines inapplicable in absence of affirmative action. Where 
an affirmative action plan or program does not exist, or where the plan 
or program is not the basis of the action complained of, these 
Guidelines are inapplicable.
    (c) Currency of plan or program. Under section 713(b)(1), persons 
may rely on the plan or program only during the time when it is current. 
Currency is related to such factors as progress in correcting the 
conditions disclosed by the self analysis. The currency of the plan or 
program is a question of fact to be determined on a case by case basis. 
Programs developed under Executive Order 11246, as amended, will be 
deemed current in accordance with Department of Labor regulations at 41 
CFR chapter 60, or successor orders or regulations.