The regulations are intended to benefit sponsors, apprentices, applicants for apprenticeship, and the general public. By reaching a broad range of applicants, program sponsors are able to grow and access a deeper well of talent. Apprentices and applicants, as well as the public, benefit from increased opportunities for women, minorities, and persons with disabilities to enter – and succeed in – apprenticeship programs.
Who benefits from the Equal Employment Opportunity regulations?
Equal Employment Opportunity
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The provisions of 29 C.F.R. 30.3 of the apprenticeship EEO regulations, and specifically the EEO Pledge, state that sex discrimination includes discrimination on the basis of gender identity, as well as discrimination on the basis of pregnancy. Additionally, the Office of Apprenticeship looks to the legal standards and defenses applied under title VII of the Civil Rights Act of 1964 and Executive Order 11246 in determining whether a sponsor has engaged in unlawful discrimination on the basis of sex. The Supreme Court, in Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020) held that the prohibition in title VII against sex discrimination includes discrimination based on sexual orientation or gender identity, and thus that firing individuals because of their sexual orientation or transgender status violates title VII’s prohibition on discrimination because of sex.
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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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Sponsors retain the ability to identify and select the best candidates for their programs, as long as those selections are free from unlawful discrimination. Sponsors must engage in outreach and recruitment activities that extend to all groups of people, and ensure that their selection procedures are equitable, uniform, and consistently applied. By taking these steps, sponsors reach new and more diverse talent pools that can improve the quality of their apprenticeship programs and help to ensure Equal Employment Opportunity.
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Under the Equal Employment Opportunity regulations, sponsors must develop and implement procedures to ensure that apprentices are not harassed because of their race, color, religion, national origin, sex (including pregnancy, sexual orientation, and gender identity), sexual orientation, age (40 or older), genetic information, or disability, and to also ensure that their apprenticeship programs are free from intimidation and retaliation. In those situations 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 take steps to address the violation when it has knowledge of such actions. Visit the Prevent Harassment page for more information.
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