5 Usc 7201

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-CITE-

5 USC Sec. 7201 01/05/2009

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 72 - ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS

SUBCHAPTER I - ANTIDISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 7201. Antidiscrimination policy; minority recruitment program

-STATUTE-

(a) For the purpose of this section -

(1) "underrepresentation" means a situation in which the number

of members of a minority group designation (determined by the

Equal Employment Opportunity Commission in consultation with the

Office of Personnel Management, on the basis of the policy set

forth in subsection (b) of this section) within a category of

civil service employment constitutes a lower percentage of the

total number of employees within the employment category than the

percentage that the minority constituted within the labor force

of the United States, as determined under the most recent

decennial or mid-decade census, or current population survey,

under title 13, and

(2) "category of civil service employment" means -

(A) each grade of the General Schedule described in section

5104 of this title;

(B) each position subject to subchapter IV of chapter 53 of

this title;

(C) such occupational, professional, or other groupings

(including occupational series) within the categories

established under subparagraphs (A) and (B) of this paragraph

as the Office determines appropriate.

(b) It is the policy of the United States to insure equal

employment opportunities for employees without discrimination

because of race, color, religion, sex, or national origin. The

President shall use his existing authority to carry out this

policy.

(c) Not later than 180 days after the date of the enactment of

the Civil Service Reform Act of 1978, the Office of Personnel

Management shall, by regulation, implement a minority recruitment

program which shall provide, to the maximum extent practicable -

(1) that each Executive agency conduct a continuing program for

the recruitment of members of minorities for positions in the

agency to carry out the policy set forth in subsection (b) in a

manner designed to eliminate underrepresentation of minorities in

the various categories of civil service employment within the

Federal service, with special efforts directed at recruiting in

minority communities, in educational institutions, and from other

sources from which minorities can be recruited; and

(2) that the Office conduct a continuing program of -

(A) assistance to agencies in carrying out programs under

paragraph (1) of this subsection, and

(B) evaluation and oversight and such recruitment programs to

determine their effectiveness in eliminating such minority

underrepresentation.

(d) Not later than 60 days after the date of the enactment of the

Civil Service Reform Act of 1978, the Equal Employment Opportunity

Commission shall -

(1) establish the guidelines proposed to be used in carrying

out the program required under subsection (c) of this section;

and

(2) make determinations of underrepresentation which are

proposed to be used initially under such program; and

(3) transmit to the Executive agencies involved, to the Office

of Personnel Management, and to the Congress the determinations

made under paragraph (2) of this subsection.

(e) Not later than January 31 of each year, the Office shall

prepare and transmit to each House of the Congress a report on the

activities of the Office and of Executive agencies under subsection

(c) of this section, including the affirmative action plans

submitted under section 717 of the Civil Rights Act of 1964 (42

U.S.C. 2000e-16), the personnel data file maintained by the Office

of Personnel Management, and any other data necessary to evaluate

the effectiveness of the program for each category of civil service

employment and for each minority group designation, for the

preceding fiscal year, together with recommendations for

administrative or legislative action the Office considers

appropriate.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523, Sec. 7151; renumbered

Sec. 7201 and amended Pub. L. 95-454, title III, Sec. 310, title

VII, Sec. 703(a)(1), Oct. 13, 1978, 92 Stat. 1152, 1216.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Derivation U.S. Code Revised Statutes and

Statutes at Large

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42 U.S.C. 2000e(b) July 2, 1964, Pub. L.

(2d proviso). 88-352, Sec. 701(b) (2d

proviso), 78 Stat. 254.

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The word "Federal" is omitted as unnecessary in view of the

definition of "employee" in section 2105.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Civil Service Reform Act of

1978, referred to in subsecs. (c) and (d), is the date of the

enactment of Pub. L. 95-454, which was approved Oct. 13, 1978.

-MISC2-

AMENDMENTS

1978 - Pub. L. 95-454, Sec. 703(a)(1), renumbered section 7151 of

this title as this section.

Pub. L. 95-454, Sec. 310(1), substituted "Antidiscrimination

policy; minority recruitment program" for "Policy" in section

catchline.

Subsecs. (a) to (e). Pub. L. 95-454, Sec. 310(2)-(4), added

subsec. (a), designated existing provisions as subsec. (b), and

added subsecs. (c) to (e).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by section 310 of Pub. L. 95-454 effective 90 days

after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as

a note under section 1101 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (e) of this section, see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and page 187 of House Document No. 103-7.

WORKPLACE POLICIES PROHIBITING DISCRIMINATION AND SEXUAL HARASSMENT

Pub. L. 110-161, div. D, title VII, Sec. 716, Dec. 26, 2007, 121

Stat. 2023, provided that: "Hereafter, no department, agency, or

instrumentality of the United States receiving appropriated funds

under this or any other Act shall obligate or expend any such

funds, unless such department, agency, or instrumentality has in

place, and will continue to administer in good faith, a written

policy designed to ensure that all of its workplaces are free from

discrimination and sexual harassment and that all of its workplaces

are not in violation of title VII of the Civil Rights Act of 1964

(Public Law 88-352, 78 Stat. 241) [42 U.S.C. 2000e et seq.], the

Age Discrimination in Employment Act of 1967 (Public Law 90-202, 81

Stat. 602) [29 U.S.C. 621 et seq.], and the Rehabilitation Act of

1973 (Public Law 93-112, 87 Stat. 355) [29 U.S.C. 701 et seq.]."

DISCRIMINATION PROHIBITED IN EMPLOYMENT OF CIVILIAN PERSONNEL AT

FACILITIES OPERATED BY THE DEPARTMENT OF DEFENSE IN FOREIGN

COUNTRIES

Pub. L. 92-129, title I, Sec. 106, Sept. 28, 1971, 85 Stat. 355,

provided that: "Unless prohibited by treaty, no person shall be

discriminated against by the Department of Defense or by any

officer or employee thereof, in the employment of civilian

personnel at any facility or installation operated by the

Department of Defense in any foreign country because such person is

a citizen of the United States or is a dependent of a member of the

Armed Forces of the United States. As used in this section, the

term 'facility or installation operated by the Department of

Defense' shall include, but shall not be limited to, any officer's

club, non-commissioned officers' club, post exchange, or commissary

store."

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