[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: 29CFR1608.5]

[Page 230]
 
                             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. 1608.5  Affirmative action compliance programs under Executive Order 
No. 11246, as amended.

    Under title VII, affirmative action compliance programs adopted 
pursuant to Executive Order 11246, as amended, and its implementing 
regulations, including 41 CFR part 60-2 (Revised Order 4), will be 
considered by the Commission in light of the similar purposes of title 
VII and the Executive Order, and the Commission's responsibility under 
Executive Order 12067 to avoid potential conflict among Federal equal 
employment opportunity programs. Accordingly, the Commission will 
process title VII complaints involving such affirmative action 
compliance programs under this section.
    (a) Procedures for review of Affirmative Action Compliance Programs. 
If adherence to an affirmative action compliance program adopted 
pursuant to Executive Order 11246, as amended, and its implementing 
regulations, 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 whether the 
affirmative action compliance program was adopted by a person subject to 
the Order and pursuant to the Order, and whether adherence to the 
program was the basis of the complaint or the justification.
    (1) Programs previously approved. If the Commission makes the 
determination described in paragraph (a) of this section and also finds 
that the affirmative action program has been approved by an appropriate 
official of the Department of Labor or its authorized agencies, or is 
part of a conciliation or settlement agreement or an order of an 
administrative agency, whether entered by consent or after contested 
proceedings brought to enforce Executive Order 11246, as amended, the 
Commission will issue a determination of no reasonable cause.
    (2) Program not previously approved. If the Commission makes the 
determination described in paragraph (a), of this section but the 
program has not been approved by an appropriate official of the 
Department of Labor or its authorized agencies, the Commission will: (i) 
Follow the procedure in Sec. 1608.10(a) and review the program, or (ii) 
refer the plan to the Department of Labor for a determination of whether 
it is to be approved under Executive Order 11246, as amended, and its 
implementing regulations. If, the Commission finds that the program does 
conform to these Guidelines, or the Department of Labor approves the 
affirmative action compliance program, the Commission will issue a 
determination of no reasonable cause under Sec. 1608.10(a).
    (b) Reliance on these guidelines. In addition, if the affirmative 
action compliance program has been adopted in good faith reliance on 
these Guidelines, the provisions of section 713(b)(1) of title VII and 
of Sec. 1608.10(b), of this part, may be asserted by the contractor.