A sponsor is considered to be underutilizing a specific demographic group when the percentage of women, Hispanics or Latinos, or individuals of a particular racial minority group in the sponsor’s program is significantly less than would be reasonably expected given the availability of such individuals for apprenticeship. If the sponsor finds that its program’s percentage of apprentices of a particular race, sex, or ethnicity falls significantly below that group’s availability in the relevant recruitment area, it must establish a utilization goal.
At what point does a sponsor have to establish a utilization goal for race, sex, or ethnicity?
Equal Employment Opportunity
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No. Utilization goals are not rigid and inflexible quotas, and they do not establish a ceiling or a floor for the utilization of a particular group. Similarly, the Equal Employment Opportunity regulations provide that a sponsor cannot use its utilization goals as a way to extend a preference to any individual on the basis of that person’s race, sex, or ethnicity, nor can the sponsor create set-asides for specific groups. The application of utilization goals does not require sponsors to select a person who lacks qualifications to participate in the apprenticeship program successfully, or to select a less qualified person in preference to a more qualified one.
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Sponsors will work with the Registration Agency at each compliance review to establish or review utilization goals. Sponsors then compare their workforce analyses to these utilization goals to determine if they are meeting their goals.
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If the Registration Agency determines that a sponsor is not meeting its goals, the Registration Agency will work with that sponsor to identify potential problem areas in the program and develop corrective, action-oriented strategies, and the sponsor will engage in more targeted outreach, recruitment, and retention activities to correct any impediments to equal opportunity in the apprenticeship program.
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