> Nothing contained in this subchapter shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this subchapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area.
Which is to say, affirmative action or diversity programs.
29 C.F.R. § 1608.1–1608.1(c) says:
> Voluntary affirmative action to improve opportunities for minorities and women must be encouraged and protected in order to carry out the Congressional intent embodied in title VII.[4] Affirmative action under these principles means those actions appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity. Such voluntary affirmative action cannot be measured by the standard of whether it would have been required had there been litigation, for this standard would undermine the legislative purpose of first encouraging voluntary action without litigation.
34 C.F.R. § 106.3(b) says:
> a recipient may take affirmative action to overcome the effects of conditions which resulted in limited participation therein by persons of a particular sex.
The decision in United Steelworkers v. Weber states:
> Title VII's prohibition in §§ 703(a) and (d) against racial discrimination does not condemn all private, voluntary, race-conscious affirmative action plans. ... Albemarle Paper Co. v. Moody, 422 U. S. 405, 422 U. S. 418, cannot be interpreted as an absolute prohibition against all private, voluntary, race-conscious affirmative action efforts to hasten the elimination of such vestiges.
The decision in Johnson v. Transportation Agency similarly states that Santa Clara County Transportation Agency did not violate Title VII by promoting a less-qualified woman.
The decision in Cohen v. Brown University upheld the use of affirmative action to equalize opportunity.
The law _literally_ contemplates this. As you said, "you need to literally look it up sometime."
42 U.S.C. § 2000e-2(j) says:
> Nothing contained in this subchapter shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this subchapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area.
Which is to say, affirmative action or diversity programs.
29 C.F.R. § 1608.1–1608.1(c) says:
> Voluntary affirmative action to improve opportunities for minorities and women must be encouraged and protected in order to carry out the Congressional intent embodied in title VII.[4] Affirmative action under these principles means those actions appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity. Such voluntary affirmative action cannot be measured by the standard of whether it would have been required had there been litigation, for this standard would undermine the legislative purpose of first encouraging voluntary action without litigation.
34 C.F.R. § 106.3(b) says:
> a recipient may take affirmative action to overcome the effects of conditions which resulted in limited participation therein by persons of a particular sex.
The decision in United Steelworkers v. Weber states:
> Title VII's prohibition in §§ 703(a) and (d) against racial discrimination does not condemn all private, voluntary, race-conscious affirmative action plans. ... Albemarle Paper Co. v. Moody, 422 U. S. 405, 422 U. S. 418, cannot be interpreted as an absolute prohibition against all private, voluntary, race-conscious affirmative action efforts to hasten the elimination of such vestiges.
The decision in Johnson v. Transportation Agency similarly states that Santa Clara County Transportation Agency did not violate Title VII by promoting a less-qualified woman.
The decision in Cohen v. Brown University upheld the use of affirmative action to equalize opportunity.
The law _literally_ contemplates this. As you said, "you need to literally look it up sometime."