All apprentices and applicants for apprenticeship are protected against discrimination on the grounds listed in 29 C.F.R. 30.3 of the apprenticeship Equal Employment Opportunity regulations. This means that no apprentice or applicant can be discriminated against because of their race, color, religion, national origin, sex (including pregnancy, sexual orientation, and gender identity), disability, age (40 or older), sexual orientation, or genetic information. So, for example, both men and women, as well as people of all races and ethnicities, are protected from discrimination on these bases.
Who is included in the groups protected from discrimination?
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29 C.F.R. 30.3 provides clarity relating to every sponsor’s general duty to engage in affirmative action by requiring four specific, straightforward actions the Office of Apprenticeship believes are most important to ensure Equal Employment Opportunity. These are (1) designating one or more individuals as responsible for overseeing its Equal Employment Opportunity obligations; (2) disseminating internally its Equal Employment Opportunity policy; (3) undertaking general outreach and recruitment; and (4) taking steps designed to ensure that apprenticeship programs are operated free from harassment, intimidation, and retaliation.
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While 29 C.F.R. 30.3 only specifically prohibits age discrimination against those 40 and older, sponsors do not need to include the modifier “40 or older” in their materials referring to age discrimination if they choose not to. Sponsors should also be aware of applicable state and/or local age discrimination laws that may apply, as some of these laws prohibit age discrimination against those who are younger than 40.
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Under the Equal Employment Opportunity regulations, sponsors must develop and implement procedures to ensure that apprentices are not harassed because of their race, color, religion, national origin, sex (including pregnancy, sexual orientation, and gender identity), sexual orientation, age (40 or older), genetic information, or disability, and to also ensure that their apprenticeship programs are free from intimidation and retaliation. In those situations where discriminatory actions or other actions in violation of this part are taken by employers participating in the sponsor’s program, the sponsor has an obligation to take steps to address the violation when it has knowledge of such actions. Visit the Prevent Harassment page for more information.
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The apprenticeship Equal Employment Opportunity regulations do not specify veterans as a protected group. However, a sponsor may specifically seek out veterans or give them preference in hiring as long as doing so does not discriminate on the basis of any of the protected characteristics. For example, a preference for veterans – who are more likely to be male than female – might have a disparate impact on women that is neither job-related nor consistent with business necessity. Therefore, sponsors should proceed with caution in creating “veteran-only” apprenticeship programs.
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