The universal outreach and recruitment provision requires sponsors to send advance notice of all program openings to the recruitment sources on its outreach and recruitment list. A sponsor that has continuous open enrollment should send its position postings to its recruitment sources regularly, as well as whenever there is any change to the apprentice position posting or description. Generally speaking, a sponsor will satisfy this requirement by sending out the posting on a quarterly basis (and any time the posting changes). When evaluating a sponsor’s compliance with this requirement, the Office of Apprenticeship will take into account circumstances in which quarterly postings may not be cost-effective (e.g., for a very small program where there are hardly any openings) or might not be sufficient (e.g., for a program that has a very large number of openings every month).
How can a sponsor that accepts applications for enrollment in its apprenticeship program on a continuous basis (sometimes called “open enrollment”) satisfy the universal outreach and recruitment requirement?
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Yes. Under 29 C.F.R. 30.10, a sponsor may give priority to qualified workers who have been waiting for openings in the program, as long as that selection procedure is applied uniformly and consistently and complies with the requirements for selection devices under the Uniform Guidelines on Employee Selection Procedures.
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Sponsors should make good faith efforts to seek alternative or additional sources that are more effective at referring diverse qualified applicants. The Office of Apprenticeship has provided information and online resources to sponsors regarding recruitment sources. During compliance reviews, sponsors would only be expected to describe their good faith efforts to recruit diverse apprentices.
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If the requirement to have a driver’s license impacts any protected group adversely, such a requirement should be validated to ensure it is job-related and consistent with business necessity. For example, an apprenticeship program that involves traveling to different sites may require apprentices to use personal or company transportation to these sites. If driving is not an essential function of the job, the requirement to have a driver’s license may not be consistent with business necessity and may adversely affect certain individuals with disabilities or other protected groups.
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Yes. Background checks are allowed, with a few caveats. First, sponsors should indicate what type of background check they mean (e.g., criminal, credit, etc.) and what they mean by “passing it.” For example, descriptions might include “no felony conviction within the last seven years,” “no drug convictions,” or “no conviction of any kind within the last five years.”
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