If the requirement to have a driver’s license impacts any protected group adversely, such a requirement should be validated to ensure it is job-related and consistent with business necessity. For example, an apprenticeship program that involves traveling to different sites may require apprentices to use personal or company transportation to these sites. If driving is not an essential function of the job, the requirement to have a driver’s license may not be consistent with business necessity and may adversely affect certain individuals with disabilities or other protected groups.
May employers include a requirement that an apprentice have a driver’s license as one of their selection criteria?
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As a general rule, sponsors should engage in broad-based advertising efforts to ensure that their recruitment efforts extend to all persons available for apprenticeship. Sponsors must provide recruitment sources advance notice, preferably 30 days, of apprenticeship openings and must include their equal opportunity pledge in their opportunity announcements.
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Yes. Under 29 C.F.R. 30.10, a sponsor may give priority to qualified workers who have been waiting for openings in the program, as long as that selection procedure is applied uniformly and consistently and complies with the requirements for selection devices under the Uniform Guidelines on Employee Selection Procedures.
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Sponsors are allowed to select apprentices through any selection method, as long as it does not discriminate on any of the protected bases and complies with the requirements for selection devices under the Uniform Guidelines on Employee Selection Procedures and the Americans with Disabilities Act. Additionally, selection methods must be uniformly and consistently applied to all applicants and apprentices and be facially neutral with respect to the protected bases. Read Selecting Apprentices for Registered Apprenticeship Programs for more details on this topic.
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Under the Equal Employment Opportunity regulations for Registered Apprenticeship Programs, sponsors must develop and update annually a list of current recruitment sources that will generate referrals from all demographic groups within the relevant recruitment area. Examples of relevant recruitment sources include the public workforce system’s American Job Centers and local workforce development boards; community-based organizations; community colleges; vocational, career, and technical schools; pre-apprenticeship programs; and Federally-funded youth job training programs such as YouthBuild and Job Corps or their successors. The Office of Apprenticeship (OA) has developed a Universal Outreach Tool to assist sponsors in expanding their outreach and recruitment efforts. The tool can be accessed from the Universal Outreach Tool link on the Apprenticeship Equal Employment Opportunity Recruit and Hire webpage.
OA encourages program sponsors to post their apprenticeship openings with their respective state job banks and local American Job Centers. For more information about posting opportunities with state job banks, please visit the Career One Stop site.
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