Nothing contained in Section 1101 et seq. of this title requires an employer, employment agency, labor organization, or joint labor-management committee subject to Section 1101 et seq. of this title to grant preferential treatment to an individual or to a group because of race, color, religion, sex, national origin, age, disability, or genetic information of the 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, national origin, age, disability, or genetic information employed by an employer, referred or classified for employment by an employment agency or labor organization, admitted to membership or classified by a labor organization, or admitted to, or employed in, an apprenticeship, or other training or retraining program, in comparison with the total number or percentage of persons of the race, color, religion, sex, national origin, age, disability, or genetic information in the state or a community, section, or other area, or in the available work force in the state or a community, section, or other area. However, it is not a discriminatory practice for a person subject to Section 1101 et seq. of this title to adopt and carry out a plan to eliminate or reduce imbalance with respect to race, color, religion, sex, national origin, age, disability, or genetic information if the plan has been filed with the Attorney General's Office of Civil Rights Enforcement.

Added by Laws 1968, c. 388, § 310. Amended by Laws 1981, c. 231, § 9; Laws 1985, c. 165, § 10, eff. Nov. 1, 1985; Laws 2011, c. 270, § 10, eff. Nov. 1, 2011; Laws 2013, c. 214, § 4, emerg. eff. May 7, 2013.