Nothing contained in Sections 1101 through 1706 of this title requires an employer, employment agency, labor organization, or joint labor-management committee subject to Sections 1101 through 1706 of this title to grant preferential treatment to an individual or to a group because of race, color, religion, sex, national origin, age, or handicap 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, or handicap 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, or handicapped persons 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 Sections 1101 through 1706 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, or handicap if the plan has been filed with the Commission under regulations of the Commission and the Commission has not disapproved the plan.

Laws 1968, SB 367, c. 388, § 310, emerg. eff. May 17, 1968; Amended by Laws 1985, HB 1081, c. 165, § 10, eff. November 1, 1985.