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(1) the occupancy of such position, or access to the premises in or upon which any part of the <br />duties of such position is performed or is to be performed, is subject to any requirement <br />imposed in the interest of the national security of the United States under any security <br />program in effect pursuant to or administered under any statute of the United States or any <br />Executive order of the President; and <br />(2) such individual has not fulfilled or has ceased to fulfill that requirement. <br />(h) Seniority or merit system; quantity or quality of production; ability tests; compensation based on sex and <br />authorized by minimum wage provisions <br />Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an <br />employer to apply different standards of compensation, or different terms, conditions, or privileges of <br />employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by <br />quantity or quality of production or to employees who work in different locations, provided that such <br />differences are not the result of an intention to discriminate because of race, color, religion, sex, or national <br />origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of <br />any professionally developed ability test provided that such test, its administration or action upon the results is <br />not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not <br />be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of <br />sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer <br />if such differentiation is authorized by the provisions of section 206(d) of Title 29 \[section 6(d) of the Labor <br />Standards Act of 1938, as amended\]. <br />(i) Businesses or enterprises extending preferential treatment to Indians <br />Nothing contained in this subchapter shall apply to any business or enterprise on or near an Indian reservation <br />with respect to any publicly announced employment practice of such business or enterprise under which a <br />preferential treatment is given to any individual because he is an Indian living on or near a reservation. <br />(j) Preferential treatment not to be granted on account of existing number or percentage imbalance <br />Nothing contained in this subchapter shall be interpreted to require any employer, employment agency, labor <br />organization, or joint labor-management committee subject to this subchapter to grant preferential treatment <br />to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or <br />group on account of an imbalance which may exist with respect to the total number or percentage of persons of <br />any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment <br />by any employment agency or labor organization, admitted to membership or classified by any labor <br />organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with <br /> <br />