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.
Are veterans considered a protected group under the apprenticeship Equal Employment Opportunity regulations? May a sponsor specifically seek them out or give them preference in hiring?
Equal Employment Opportunity
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Sponsors retain the ability to identify and select the best candidates for their programs, as long as those selections are free from unlawful discrimination. Sponsors must engage in outreach and recruitment activities that extend to all groups of people, and ensure that their selection procedures are equitable, uniform, and consistently applied. By taking these steps, sponsors reach new and more diverse talent pools that can improve the quality of their apprenticeship programs and help to ensure Equal Employment Opportunity.
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The Equal Employment Opportunity regulations for Registered Apprenticeship Programs prohibit discrimination on the basis of race, color, religion, national origin, sex (including pregnancy, sexual orientation, and gender identity), disability, age (40 or older), sexual orientation, and genetic information. Under 29 C.F.R. 30.3, sponsors may not discriminate on these bases with respect to personnel actions, including recruitment, selection, placement, rates of pay, hours of work, job assignments, and terminations.
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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 Equal Employment Opportunity regulations apply to all sponsors of apprenticeship programs registered either with the U.S. Department of Labor Office of Apprenticeship or a State Apprenticeship Agency.
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