---
kind: "section"
citation: "5 U.S.C. § 7201"
title: "5"
title_heading: "Government Organization and Employees"
number: "7201"
heading: "Antidiscrimination policy; minority recruitment program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/7201"
units:
  - "Part III — Employees"
  - "Subpart F — Labor-Management and Employee Relations"
  - "Chapter 72 — Antidiscrimination; Right to Petition Congress"
  - "Subchapter I — Antidiscrimination in Employment"
---

# §7201. Antidiscrimination policy; minority recruitment program

- (a) For the purpose of this section—
  - (1) “underrepresentation” means a situation in which the number of [members](/usc/5/8401.md?p=20) of a minority group designation (determined by the Equal Employment Opportunity Commission in consultation with the [Office](/usc/5/5402.md?p=3) of Personnel Management, on the basis of the policy set forth in [subsection (b)](#b) of this section) within a category of civil [service](/usc/5/8401.md?p=26) employment constitutes a lower percentage of the total number of [employees](/usc/5/4701.md?p=a-2) within the employment category than the percentage that the minority constituted within the labor force of the [United States](/usc/5/7103.md?p=a-18), as determined under the most recent decennial or mid-decade census, or current population survey, under [title 13](/usc/13.md), and
  - (2) “category of civil [service](/usc/5/8401.md?p=26) employment” means—
    - (A) each [grade](/usc/5/5102.md?p=a-5) of the General Schedule described in [section 5104 of this title](/usc/5/5104.md);
    - (B) each [position](/usc/5/5102.md?p=a-3) subject to subchapter IV of [chapter 53](/usc/5/chptIII/sptD/ch53.md) 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](/usc/5/5402.md?p=3) determines appropriate.
- (b) It is the policy of the [United States](/usc/5/7103.md?p=a-18) to insure equal employment opportunities for [employees](/usc/5/4701.md?p=a-2) without discrimination because of race, color, religion, sex, or national origin. The President shall use his existing [authority](/usc/5/7103.md?p=a-6) to carry out this policy.
- (c) Not later than 180 days after the date of the enactment of the Civil [Service](/usc/5/8401.md?p=26) Reform Act of 1978, the [Office](/usc/5/5402.md?p=3) of Personnel Management shall, by regulation, implement a minority recruitment program which shall provide, to the maximum extent practicable—
  - (1) that each [Executive agency](/usc/5/6501.md?p=2) conduct a continuing program for the recruitment of [members](/usc/5/8401.md?p=20) of minorities for [positions](/usc/5/5102.md?p=a-3) in the [agency](/usc/5/3132.md?p=a-1) to carry out the policy set forth in [subsection (b)](#b) in a manner designed to eliminate underrepresentation of minorities in the various categories of civil [service](/usc/5/8401.md?p=26) employment within the [Federal service](/usc/5/8521.md?p=a-1), 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](/usc/5/5402.md?p=3) conduct a continuing program of—
    - (A) assistance to [agencies](/usc/5/3132.md?p=a-1) 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](/usc/5/8401.md?p=26) 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)](#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](/usc/5/6501.md?p=2) involved, to the [Office](/usc/5/5402.md?p=3) 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](/usc/5/5402.md?p=3) shall prepare and transmit to each House of the Congress a report on the activities of the [Office](/usc/5/5402.md?p=3) and of [Executive agencies](/usc/5/6501.md?p=2) under [subsection (c)](#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](/usc/42/2000e–16.md)), the personnel data file maintained by the [Office](/usc/5/5402.md?p=3) of Personnel Management, and any other data necessary to evaluate the effectiveness of the program for each category of civil [service](/usc/5/8401.md?p=26) employment and for each minority group designation, for the preceding fiscal year, together with recommendations for administrative or legislative action the [Office](/usc/5/5402.md?p=3) considers appropriate.

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523, § 7151; renumbered § 7201 and amended Pub. L. 95–454, title III, § 310, title VII, § 703(a)(1), Oct. 13, 1978, 92 Stat. 1152, 1216.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 42 U.S.C. 2000e(b) (2d proviso). | July 2, 1964, Pub. L. 88–352, § 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.

### Editorial Notes

### References in Text

The General Schedule, referred to in subsec. (a)(2)(A), is set out under section 5332 of this title.

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, § 703(a)(1), renumbered section 7151 of this title as this section.

Pub. L. 95–454, § 310(1), substituted “Antidiscrimination policy; minority recruitment program” for “Policy” in section catchline.

Subsecs. (a) to (e). Pub. L. 95–454, § 310(2)–(4), added subsec. (a), designated existing provisions as subsec. (b), and added subsecs. (c) to (e).

### Statutory Notes and Related Subsidiaries

### 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, § 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, § 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.”