Federal regulations and state laws requiring affirmative action and nondiscrimination: Definitions related to affirmative action. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.This document addresses the use of affirmative action and employer use of affirmative action plans under Title VII. ▫ Title VII of the federal Civil Rights Act of 1964. ▫ The Washington State Law Against Discrimination. May an employer override an individual's self-identification of race, gender or ethnicity based on the employer's visual observation? Notably, on June 15, 2020, the Supreme Court held in Bostock v. These programs tend to focus on access to education and employment in order to redress the disadvantages associated with past and present discrimination. However, in some cases, affirmative action may be necessary in order effectively to enforce Title VII. . . . State employers must hire people from minority groups if they are available.