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.
In addition to the nondiscrimination obligations, what other Equal Employment Opportunity measures are all sponsors, regardless of size, required to take?
Equal Employment Opportunity
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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.
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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.
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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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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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