[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1604.6]

[Page 196]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1604_GUIDELINES ON DISCRIMINATION BECAUSE OF SEX--Table of Contents
 
Sec.  1604.6  Employment agencies.

    (a) Section 703(b) of the Civil Rights Act specifically states that 
it shall be unlawful for an employment agency to discriminate against 
any individual because of sex. The Commission has determined that 
private employment agencies which deal exclusively with one sex are 
engaged in an unlawful employment practice, except to the extent that 
such agencies limit their services to furnishing employees for 
particular jobs for which sex is a bona fide occupational qualification.
    (b) An employment agency that receives a job order containing an 
unlawful sex specification will share responsibility with the employer 
placing the job order if the agency fills the order knowing that the sex 
specification is not based upon a bona fide occupational qualification. 
However, an employment agency will not be deemed to be in violation of 
the law, regardless of the determination as to the employer, if the 
agency does not have reason to believe that the employer's claim of bona 
fide occupations qualification is without substance and the agency makes 
and maintains a written record available to the Commission of each such 
job order. Such record shall include the name of the employer, the 
description of the job and the basis for the employer's claim of bona 
fide occupational qualification.
    (c) It is the responsibility of employment agencies to keep informed 
of opinions and decisions of the Commission on sex discrimination.