A. Affirmative action obligations. The use of selection procedures
which have been validated pursuant to these guidelines does not relieve
users of any obligations they may have to undertake affirmative action
to assure equal employment opportunity. Nothing in these guidelines is
intended to preclude the use of lawful selection procedures which assist
in remedying the effects of prior discriminatory practices, or the
achievement of affirmative action objectives.
B. Encouragement of voluntary affirmative action programs. These
guidelines are also intended to encourage the adoption and
implementation of voluntary affirmative action programs by users who
have no obligation under Federal law to adopt them; but are not intended
to impose any new obligations in that regard. The agencies issuing and
endorsing these guidelines endorse for all private employers and
reaffirm for all governmental employers the Equal Employment Opportunity
Coordinating Council's ``Policy Statement on Affirmative Action Programs
for State and Local Government Agencies'' (41 FR 38814, September 13,
1976). That policy statement is attached hereto as appendix, section 17.