[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: 29CFR1608.7]

[Page 231]
 
                             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. 1608.7  Affirmative action plans or programs under State or local law.

    Affirmative action plans or programs executed by agreement with 
State or local government agencies, or by order of State or local 
government agencies, whether entered by consent or after contested 
proceedings, under statutes or ordinances described in title VII, will 
be reviewed by the Commission in light of the similar purposes of title 
VII and such statutes and ordinances. Accordingly, the Commission will 
process title VII complaints involving such affirmative action plans or 
programs under this section.
    (a) Procedures for review of plans or programs. If adherence to an 
affirmative action plan or program executed pursuant to a State statute 
or local ordinance described in title VII is the basis of a complaint 
filed under title VII or is alleged to be the justification for an 
action which is challenged under Title VII, the Commission will 
investigate to determine:
    (1) Whether the affirmative action plan or program was executed by 
an employer, labor organization, or person subject to the statute or 
ordinance,
    (2) Whether the agreement was approved by an appropriate official of 
the State or local government, and
    (3) Whether adherence to the plan or program was the basis of the 
complaint or justification.
    (1) Previously approved plans or programs. If the Commission finds 
the facts described in paragraph (a) of this section, the Commission 
will, in accordance with the ``substantial weight'' provisions of 
section 706 of the Act, find no reasonable cause where appropriate.
    (2) Plans or programs not previously approved. If the plan or 
program has not been approved by an appropriate official of the State or 
local government, the Commission will follow the procedure of 
Sec. 1608.10 of these Guidelines. If the Commission finds that the plan 
or program does conform to these Guidelines, the Commission will make a 
determination of no reasonable cause as set forth in Sec. 1608.10(a).
    (b) Reliance on these guidelines. In addition, if the affirmative 
action plan or program has been adopted in good faith reliance on these 
Guidelines, the provisions of section 713(b)(1) and Sec. 1608.10(b), of 
this part, may be asserted by the respondent.