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.
Is it enough for a sponsor to add “age” to the list of protected characteristics in its Equal Employment Opportunity Pledge, apprenticeship application, and other literature, or must the information specify age 40 or older?
Equal Employment Opportunity
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Regardless of the model of sponsorship, the sponsor is ultimately responsible for ensuring that the apprenticeship program complies with the obligations of the Equal Employment Opportunity regulations. When the sponsor is either the employer or has direct input into decisions on hiring, promotion, or termination of apprentices, the sponsor must ensure these actions comply with the Equal Employment Opportunity regulations. 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 undertake steps to address the violation when it has knowledge of such actions.
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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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If a program has not historically received applications from individuals in underrepresented groups, the sponsor’s outreach and recruitment practices may not be reaching qualified individuals from these groups who would be interested in applying. Accordingly, the Equal Employment Opportunity regulations require Registered Apprenticeship Program sponsors to take steps to ensure all qualified individuals have access to apprenticeship programs and are considered for program vacancies. Such steps include developing a list of recruitment resources that will generate referrals from diverse demographic groups and providing these sources with advance notice of job openings so that they can notify and refer candidates. If underutilization of a certain group persists, sponsors may need to undertake more targeted outreach and recruitment efforts to ensure that they are drawing from a diverse pool of qualified applicants.
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Yes. The term ethnicity refers to whether an individual is Hispanic or Latino, or not Hispanic or Latino.
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