# 1608.6 Affirmative action plans which are part of Commission conciliation or settlement agreements.
(a) *Procedures for review of plans.* If adherence to a conciliation or settlement agreement executed under title VII and approved by a responsible official of the EEOC is the basis of a complaint filed under title VII, or is alleged to be the justification for an action challenged under title VII, the Commission will investigate to determine:
(1) Whether the conciliation agreement or settlement agreement was approved by a responsible official of the EEOC, and
(2) Whether adherence to the agreement was the basis for the complaint or justification.
If the Commission so finds, it will make a determination of no reasonable cause under § 1608.10(a) and will advise the respondent of its right under section 713(b)(1) of title VII to rely on the conciliation agreement.
(b) *Reliance on these guidelines.* In addition, if the affirmative action plan or program has been adopted in good faith reliance on these Guidelines, the provisions of section 713(b)(1) of title VII and of § 1608.10(b), of this part, may be asserted by the respondent.