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.
To what extent is a sponsor responsible for the actions of a participating employer?
Equal Employment Opportunity
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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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All apprentices and applicants for apprenticeship are protected against discrimination on the grounds listed in 29 C.F.R. 30.3 of the apprenticeship Equal Employment Opportunity regulations. This means that no apprentice or applicant can be discriminated against because of their race, color, religion, national origin, sex (including pregnancy, sexual orientation, and gender identity), disability, age (40 or older), sexual orientation, or genetic information. So, for example, both men and women, as well as people of all races and ethnicities, are protected from discrimination on these bases.
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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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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.
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