PGTI’s Apprenticeship Cheatsheet
Adapted from 29 Code of Federal Regulations (CFR) 30, emphases added
June 6, 2011
Goal for women in apprenticeship programs: 25%
The law says: “…the program sponsor would generally be expected to set a goal for women for the entering year class at a rate which is not less than 50 percent of the proportion women are of the workforce in the program sponsor's labor market area and set a percentage goal for women in each class beyond the entering class which is not less than the participation rate of women currently in the preceding class.” (29 CFR 30.4(f))
The pledge: “The recruitment, selection, employment, and training of apprentices during their apprenticeship, shall be without discrimination because of race, color, religion, national origin, or sex. The sponsor will take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required under title 29 of the Code of Federal Regulations, part 30.”
The regulations cover apprenticeship programs’ responsibilities for recruitment, selection, employment and training.
The program sponsor shall:
Records
Each sponsor shall keep records including;
The records pertaining to individual applicants, selected or rejected, shall be maintained in such manner as to permit identification of minority and female (minority and nonminority) participants.
Outreach and recruitment: 11 things to do
Plans must be reasonably expected to increase minority and female participation. Sponsors will be required to undertake a significant number of the activities such as:
Compliance
The Department of Labor will regularly conduct systematic reviews and will also conduct compliance reviews when circumstances, including receipt of complaints so warrant. Compliance reviews will consist of comprehensive analyses and evaluations of each aspect of the apprenticeship program, including on-site investigations and audits.
Where a review indicates that the sponsor is not in compliance, the Department shall notify the sponsor in writing of the results of the review and make a reasonable effort to secure voluntary compliance on the part of the program sponsor within a reasonable time before undertaking sanctions.
Sanctions
Where the DOL determines that an apprenticeship program is not operating in accordance with EEO requirements and voluntary corrective action has not been taken by the program sponsor, the Department shall institute proceedings to deregister the program or it shall refer the matter to the Equal Employment Opportunity Commission or to the Attorney General with recommendations for court action under Title VII of the Civil Rights Act of 1964, as amended, or to the Attorney General for other court action as authorized by law.
Complaint procedures 29 CFR 30.11
Sponsors shall provide written notice of complaint procedures to all applicants for apprenticeship and to all apprentices.
Any apprentice or applicant for apprenticeship who believes that she or he has been discriminated against may file a written and signed complaint with the DOL or with a review body established by the apprenticeship program. The complaint must be filed not later than 180 days from the date of the alleged discrimination. If the complaint is filed with the DOL, but the apprenticeship has a review body, the DOL will refer the complaint back to the review body. The results must be reported back the DOL within 90 days.
A program’s private review body should number three or more responsible persons from the community serving in this capacity without compensation. Members of the review body should not be directly associated with the administration of an apprenticeship program. Sponsors may join together in establishing a review body to serve the needs of programs within the community.
Complaint form available at: http://www.doleta.gov/oa/pdf/ETAForm9039expires02282013.pdf