[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1608.10]

[Page 242]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1608_AFFIRMATIVE ACTION APPROPRIATE UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED--Table of Contents
 
Sec. 1608.10  Standard of review.

    (a) Affirmative action plans or programs not specifically relying on 
these guidelines. If, during the investigation of a charge of 
discrimination filed with the Commission, a respondent asserts that the 
action complained of was taken pursuant to an in accordance with a plan 
or program of the type described in these Guidelines, the Commission 
will determine whether the assertion is true, and if so, whether such a 
plan or program conforms to the requirements of these guidelines. If the 
Commission so finds, it will issue a determination of no reasonable 
cause and, where appropriate, will state that the determination 
constitutes a written interpretation or opinion of the Commission under 
section 713(b)(1). This interpretation may be relied upon by the 
respondent and asserted as a defense in the event that new charges 
involving similar facts and circumstances are thereafter filed against 
the respondent, which are based on actions taken pursuant to the 
affirmative action plan or program. If the Commission does not so find, 
it will proceed with the investigation in the usual manner.
    (b) Reliance on these guidelines. If a respondent asserts that the 
action taken was pursuant to and in accordance with a plan or program 
which was adopted or implemented in good faith, in conformity with, and 
in reliance upon these Guidelines, and the self analysis and plan are in 
writing, the Commission will determine whether such assertion is true. 
If the Commission so finds, it will so state in the determination of no 
reasonable cause and will advise the respondent that:
    (1) The Commission has found that the respondent is entitled to the 
protection of section 713(b)(1) of title VII; and
    (2) That the determination is itself an additional written 
interpretation or opinion of the Commission pursuant to section 
713(b)(1).