[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: 29CFR1608.3]

[Page 227-228]
 
                             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. 1608.3  Circumstances under which voluntary affirmative action is 
appropriate.

    (a) Adverse effect. Title VII prohibits practices, procedures, or 
policies which have an adverse impact unless they are

[[Page 228]]

justified by business necessity. In addition, title VII proscribes 
practices which ``tend to deprive'' persons of equal employment 
opportunities. Employers, labor organizations and other persons subject 
to title VII may take affirmative action based on an analysis which 
reveals facts constituting actual or potential adverse impact, if such 
adverse impact is likely to result from existing or contemplated 
practices.
    (b) Effects of prior discriminatory practices. Employers, labor 
organizations, or other persons subject to title VII may also take 
affirmative action to correct the effects of prior discriminatory 
practices. The effects of prior discriminatory practices can be 
initially identified by a comparison between the employer's work force, 
or a part thereof, and an appropriate segment of the labor force.
    (c) Limited labor pool. Because of historic restrictions by 
employers, labor organizations, and others, there are circumstances in 
which the available pool, particularly of qualified minorities and 
women, for employment or promotional opportunities is artificially 
limited. Employers, labor organizations, and other persons subject to 
title VII may, and are encouraged to take 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 expericence necessary to perform the functions of skilled 
trades, crafts, or professions;
    (2) Extensive and focused recruiting activity;
    (3) Elimination of the adverse impact caused by unvalidated 
selection criteria (see sections 3 and 6, Uniform Guidelines on Employee 
Selection Procedures (1978), 43 FR 30290; 38297; 38299 (August 25, 
1978));
    (4) Modification through collective bargaining where a labor 
organization represents employees, or unilaterally where one does not, 
of promotion and layoff procedures.