Nothing in this chapter requires an employer, employment agency, labor organization, or joint labor-management committee subject to this chapter to grant preferential treatment to an individual or to a group because of age, race, color, religion, sex, national origin 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 age, race, color, religion, sex, national origin 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 age, race, color, religion, sex, national origin or handicap in the state or a community, section or other area. However, it is not a discriminatory practice for a person subject to this chapter to adopt and carry out a plan to eliminate or reduce imbalance with respect to age, race, color, religion, sex, national origin or handicap if the plan has been filed with the commission under regulations of the commission and the commission has not disapproved the plan. (1994 Code § 10-9)