Women, minorities, individuals with disabilities, and members of other protected groups continue to have very low participation rates in many apprenticeship programs. The apprenticeship Equal Employment Opportunity regulations are intended, in part, to support sponsors in expanding the diversity of their apprenticeship workforces. Protection from harassment promotes a workplace environment in which all apprentices feel safe, welcomed, and treated fairly. This, in turn, benefits apprenticeship sponsors by increasing retention of valued apprentices and enhancing recruitment success with other qualified individuals from underrepresented groups. As apprenticeship programs strive to achieve greater diversity, it is important to prevent individuals from experiencing harassing situations when they are simply trying to do their jobs.
Why is workplace harassment part of the regulations?
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The apprenticeship Equal Employment Opportunity regulations require that all Registered Apprenticeship Program sponsors take the following actions to prevent harassment in their programs:
A. Provide anti-harassment training to all individuals connected with operation of the apprenticeship program, including journeyworkers who regularly work with and/or mentor apprentices. Such training must:
- Communicate that unlawful harassing conduct will not be tolerated.
- Define the types of conduct that are unlawful.
- Explain that apprentices have the right to file a harassment complaint, without fear of retaliation, and provide information on how to do so.
B. Ensure that all facilities and apprenticeship activities are available regardless of an apprentice’s race, color, religion, national origin, sex (including pregnancy, sexual orientation, and gender identity), sexual orientation, age (40 or older), disability, or genetic information.
C. If the sponsor provides restrooms or changing facilities, they must provide separate or single-user facilities to assure privacy between the sexes.
D. Establish and implement procedures for handling and resolving complaints about harassment, intimidation, or retaliation.
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Harassment in the workplace is unwelcome or offensive conduct that has the purpose or effect of being detrimental to an employee’s work performance, professional advancement, and/or mental health. Harassment against apprentices or applicants for apprenticeship programs can be against the law if it is because of certain characteristics – including their race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), sexual orientation, national origin, age, disability, and genetic information – and if it creates an intimidating, hostile, or offensive work environment or results in an adverse employment action.
Harassment is not limited by gender identity or sexual orientation. Likewise, a target of harassment and their harasser may identify as the same sex and/or share the same sexual orientation. Visit the Prevent Harassment page for more information.
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The sponsor can rely on anti-harassment training provided to instructors, journeyworkers who mentor apprentices, or apprentices by contractors or other providers if that training satisfies the requirements of the Office of Apprenticeship’s apprenticeship Equal Employment Opportunity regulation regarding anti-harassment training:
- The training is not a mere transmittal of information, but includes participation by trainees, such as attending an in-person training session or completing an interactive training online; and
- The content of the training communicates:
- That harassing conduct will not be tolerated in the apprenticeship program;
- The definition of harassment and the types of conduct that constitute unlawful harassment; and
- An explanation of the right to file a harassment complaint.
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A participant in an apprenticeship program may not be intimidated, threatened, coerced, retaliated against, or discriminated against because the individual has:
- Filed a complaint alleging an Equal Employment Opportunity (EEO) violation (including harassment).
- Opposed a practice that is prohibited by Federal or State EEO law or regulation.
- Assisted, provided information for, or participated in an investigation, compliance review, proceeding, or hearing related to EEO.
Otherwise exercised any rights or privileges under these provisions.
Visit the Prevent Harassment page for more information.
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