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.
Do the apprenticeship Equal Employment Opportunity regulations affect whom I can hire?
Equal Employment Opportunity
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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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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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The apprenticeship EEO regulations were developed to help apprenticeship sponsors reach a larger and more diverse pool of workers. Additionally, the regulations prohibit discrimination, harassment, and retaliation in Registered Apprenticeship Programs; provide a method of filing discrimination complaints; and specify affirmative steps sponsors must take to promote a skilled, diverse apprenticeship workforce.
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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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