5 U.S.C. Chapter 72 Antidiscrimination

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 28, 2002]
[CITE: 5USC7201]

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

Sec. 7201. Antidiscrimination policy; minority recruitment
program

(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.

(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.)

Historical and Revision Notes
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
42 U.S.C. 2000e(b) (2d July 2, 1964, Pub. L.
proviso). 88-352, Sec. 701(b)
(2d proviso), 78
Stat. 254.

------------------------------------------------------------------------

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.

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.

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.

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.''

Section Referred to in Other Sections

This section is referred to in title 22 sections 3905, 3922a; title
31 section 732.