The regulations protect apprentices participating in apprenticeship programs registered either with the Office of Apprenticeship or a State Apprenticeship Agency, as well as applicants to such programs.
Which apprentices are protected by the apprenticeship Equal Employment Opportunity regulations?
Equal Employment Opportunity
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The Equal Employment Opportunity regulations apply to all sponsors of apprenticeship programs registered either with the U.S. Department of Labor Office of Apprenticeship or a State Apprenticeship Agency.
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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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The apprenticeship Equal Employment Opportunity regulations do not specify veterans as a protected group. However, a sponsor may specifically seek out veterans or give them preference in hiring as long as doing so does not discriminate on the basis of any of the protected characteristics. For example, a preference for veterans – who are more likely to be male than female – might have a disparate impact on women that is neither job-related nor consistent with business necessity. Therefore, sponsors should proceed with caution in creating “veteran-only” apprenticeship programs.
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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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