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.
Is it enough for a sponsor to add “age” to the list of protected characteristics in its Equal Employment Opportunity Pledge, apprenticeship application, and other literature, or must the information specify age 40 or older?
Equal Employment Opportunity
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If a program has not historically received applications from individuals in underrepresented groups, the sponsor’s outreach and recruitment practices may not be reaching qualified individuals from these groups who would be interested in applying. Accordingly, the Equal Employment Opportunity regulations require Registered Apprenticeship Program sponsors to take steps to ensure all qualified individuals have access to apprenticeship programs and are considered for program vacancies. Such steps include developing a list of recruitment resources that will generate referrals from diverse demographic groups and providing these sources with advance notice of job openings so that they can notify and refer candidates. If underutilization of a certain group persists, sponsors may need to undertake more targeted outreach and recruitment efforts to ensure that they are drawing from a diverse pool of qualified applicants.
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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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29 C.F.R. 30.3 provides clarity relating to every sponsor’s general duty to engage in affirmative action by requiring four specific, straightforward actions the Office of Apprenticeship believes are most important to ensure Equal Employment Opportunity. These are (1) designating one or more individuals as responsible for overseeing its Equal Employment Opportunity obligations; (2) disseminating internally its Equal Employment Opportunity policy; (3) undertaking general outreach and recruitment; and (4) taking steps designed to ensure that apprenticeship programs are operated free from harassment, intimidation, and retaliation.
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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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