Yes. The exemption is based on the total number of apprentices per sponsor – not per employer. Thus, if the number of apprentices in the sponsor’s program is five or more, the sponsor is required to maintain an Affirmative Action Program. Regardless of the number of employers or the distribution of apprentices across them, if the total number of apprentices is five or more, the sponsor is required to have an Affirmative Action Program.
If a sponsor has several participating employers, and each participating employer has fewer than five apprentices, is the sponsor required to have an Affirmative Action Program?
Equal Employment Opportunity
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All sponsors who are not otherwise exempted are required to develop and maintain an Affirmative Action Program. Each sponsor must develop its own Affirmative Action Program, even if employers participating in the sponsor’s program maintain Affirmative Action Programs.
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No. Each sponsor simply needs to maintain an up-to-date plan and make it available to the Registration Agency upon request, including during its compliance review.
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The written Affirmative Action Plan must include the following components:
- Workforce analyses for race, sex, and ethnicity (comparing the workforce and availability analyses)
- Utilization goals for race, sex, and ethnicity (if necessary)
- Utilization goals for individuals with disabilities
- Targeted outreach, recruitment, and retention activities (if necessary)
- Review of personnel processes
- Invitations to self-identify as an individual with a disability
Each of these components requires a sponsor to examine different elements of its apprentice workforce, document its review, and determine whether any element of its program is adversely impacting individuals within certain groups. A guide preparing sponsors to develop their plans is available on the Create Your Plan Equal Employment Opportunity webpage.
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The apprenticeship Equal Employment Opportunity regulations require certain Registered Apprenticeship Program sponsors to develop Affirmative Action Programs. An Affirmative Action Program assists sponsors in detecting, diagnosing, and correcting any barriers to equal opportunity that may exist in its apprenticeship program. Further, an Affirmative Action Program is designed to ensure equal opportunity and prevent discrimination in apprenticeship programs. A sponsor’s written Affirmative Action Plan states the specific steps sponsors will take to ensure all qualified applicants and apprentices receive equal opportunity to be selected for – and succeed in – Registered Apprenticeship Programs.
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