(a) Adoption of affirmative action plans. A sponsor's commitment to
equal opportunity in recruitment, selection, employment, and training of
apprentices shall include the adoption of a written affirmative action
plan.
(b) Definition of affirmative action. Affirmative action is not mere
passive nondiscrimination. It includes procedures, methods, and programs
for the identification, positive recruitment, training, and motivation
of present and potential minority and female (minority and nonminority)
apprentices including the establishment of goals and timetables. It is
action which will equalize opportunity in apprenticeship so as to allow
full utilization of the work potential of minorities and women. The
overall result to be sought is equal opportunity in apprenticeship for
all individuals participating in or seeking entrance to the Nation's
labor force.
(c) Outreach and positive recruitment. An acceptable affirmative
action plan must also include adequate provision for outreach and
positive recruitment that would reasonably be expected to increase
minority and female participation in apprenticeship by expanding the
opportunity of minorities and women to become eligible for
apprenticeship selection. In order to achieve these objectives, sponsors
shall undertake activities such as those listed below. It is not
contemplated that each sponsor necessarily will include all the listed
activities in its affirmative action program. The scope of the
affirmative action program will depend on all the circumstances
including the size and type of the program and its resources. However,
the sponsor will be required to undertake a significant number of
appropriate activities in order to enable it to meet its obligations
under this part. The affirmative action plan shall set forth the
specific steps the sponsor intends to take in the areas listed below.
Whenever special circumstances warrant, the Department may provide such
financial or other assistance as it deems necessary to implement the
requirements of this paragraph.
(1) Dissemination of information concerning the nature of the
apprenticeship, requirements for admission to apprenticeship,
availability of apprenticeship opportunities, sources of apprenticeship
applications, and the equal opportunity policy of the sponsor. For
programs accepting applications only at specified intervals, such
information shall be disseminated at least 30 days in advance of the
earliest date for application at each interval. For programs customarily
receiving applications throughout the year, such information shall be
regularly disseminated but not less than semi- annually. Such
information shall be given to the Department, local schools, employment
service offices, women's centers, outreach programs and community
organizations which can effectively reach minorities and women, and
shall be published in newspapers which are circulated in the minority
community and among women, as well as in the general areas in which the
program sponsor operates.
(2) Participation in annual workshops conducted by employment
service agencies for the purpose of familarizing school, employment
service and other appropriate personnel with the apprenticeship system
and current opportunities therein.
(3) Cooperation with local school boards and vocational education
systems to develop programs for preparing students to meet the standards
and criteria required to qualify for entry into apprenticeship programs.
(4) Internal communication of the sponsor's equal opportunity policy
in such a manner as to foster understanding, acceptance, and support
among the sponsor's various officers, supervisors, employees, and
members and to encourage such persons to take the necessary action to
aid the sponsor in meeting its obligations under this part.
(5) Engaging in programs such as outreach for the positive
recruitment and preparation of potential applicants for apprenticeships;
where appropriate and feasible, such programs shall provide for
pretesting experience and training. If no such programs are in existence
the sponsor shall seek to initiate these programs, or, when available,
to obtain financial assistance from the Department. In initiating and
conducting these programs, the sponsor may be required to work with
other sponsors and appropriate community organizations. The sponsor
shall also initiate programs to prepare women and encourage women to
enter traditionally male programs.
(6) To encourage the establishment and utilization of programs of
preapprenticeship, preparatory trade training, or others designed to
afford related work experience or to prepare candidates for
apprenticeship, a sponsor shall make appropriate provision in its
affirmative action plan to assure that those who complete such programs
are afforded full and equal opportunity for admission into the
apprenticeship program.
(7) Utilization of journeypersons to assist in the implementation of
the sponsor's affirmative action program.
(8) Granting advance standing or credit on the basis of previously
acquired experience, training, skills, or aptitude for all applicants
equally.
(9) Admitting to apprenticeship, persons whose age exceeds the
maximum age for admission to the program, where such action assists the
sponsor in achieving its affirmative action obligations.
(10) Other appropriate action to ensure that the recruitment,
selection, employment, and training of apprentices during apprenticeship
shall be without discrimination because of race, color, religion,
national origin, or sex (e.g., general publication of apprenticeship
opportunities and advantages in advertisements, industry reports,
articles, etc.; use of present minority and female apprentices and
journeypersons as recruiters; career counseling; periodic auditing of
affirmative action programs and activities; and development of
reasonable procedures between the sponsor and employers of apprentices
to ensure that employment opportunity is being granted, including
reporting systems, on-site reviews, briefing sessions, etc.). The
affirmative action program shall set forth the specific steps the
sponsor intends to take, in the above areas, under this paragraph (c).
Whenever special circumstances warrant, the Department may provide such
financial or other assistance as it deems necessary to implement the
above requirements.
(d) Goals and timetables. (1) A sponsor adopting a selection method
under Sec. 30.5(b) (1) or (2) which determines on the basis of the
analysis described in paragraph (e) of this section that it has
deficiencies in terms of underutilization of minorities and/or women
(minority and nonminority) in the craft or crafts represented by the
program shall include in its affirmative action plan percentage goals
and timetables for the admission of minority and/or female (minority and
nonminority) applicants into the eligibility pool.
(2) A sponsor adopting a selection method under Sec. 30.5(b) (3) or
(4) which determines on the basis of the analysis described in paragraph
(e) of this section that it has deficiencies in terms of the
underutilization of minorities and/or women in the craft or crafts
represented by the program shall include in its affirmative action plan
percentage goals and timetables for the selection of minority and female
(minority and nonminority) applicants for the apprenticeship program.
(3) Underutilization as used in this paragraph refers to the
situation where there are fewer minorities and/or women (minority and
nonminority) in
the particular craft or crafts represented by the program than would
reasonably be expected in view of an analysis of the specific factors in
paragraphs (e) (1) through (5) of this section. Where, on the basis of
the analysis, the sponsor determines that it has no deficiencies, no
goals and timetables need be established. However, where no goals and
timetables are established, the affirmative action plan shall include a
detailed explanation why no goals and timetables have been established.
(4) Where the sponsor fails to submit goals and timetables as part
of its affirmative action plan or submits goals and timetables which are
unacceptable, and the Department determines that the sponsor has
deficiencies in terms of underutilization of minorities or women
(minority and nonminority) within the meaning of this section, the
Department shall establish goals and timetables applicable to the
sponsor for the admission of minority and female (minority and
nonminority) applicants into the eligibility pool or selection of
apprentices, as appropriate. The sponsor shall make good faith efforts
to attain these goals and timetables in accordance with the requirements
of this section.
(e) Analysis to determine if deficiencies exist. The sponsor's
determination as to whether goals and timetables shall be established,
shall be based on an analysis of at least the following factors, which
analysis shall be set forth in writing as part of the affirmative action
plan.
(1) The size of the working age minority and female (minority and
nonminority) population in the program sponsor's labor market area;
(2) The size of the minority and female (minority and nonminority)
labor force in the program sponsor's labor market area;
(3) The percentage of minority and female (minority and nonminority)
participation as apprentices in the particular craft as compared with
the percentage of minorities and women (minority and nonminority) in the
labor force in the program sponsor's labor market area;
(4) The percentage of minority and female (minority and nonminority)
participation as journeypersons employed by the employer or employers
participating in the program as compared with the percentage of
minorities and women (minority and nonminority) in the sponsor's labor
market area and the extent to which the sponsor should be expected to
correct any deficiencies through the achievement of goals and timetables
for the selection of apprentices; and
(5) The general availability of minorities and women (minority and
nonminority) with present or potential capacity for apprenticeship in
the program sponsor's labor market area.
(f) Establishment and attainment of goals and timetables. The goals
and timetables shall be established on the basis of the sponsor's
analyses of its underutilization of minorities and women and its entire
affirmative action program. A single goal for minorities and a separate
single goal for women is acceptable unless a particular group is
employed in a substantially disparate manner in which case separate
goals shall be established for such group. Such separate goals would be
required, for example, if a specific minority group of women were
underutilized even though the sponsor had achieved its standards for
women generally. In establishing the goals, the sponsor should consider
the results which could be reasonably expected from its good faith
efforts to make its overall affirmative action program work. Compliance
with these requirements shall be determined by whether the sponsor has
met its goals within its timetables, or failing that, whether it has
made good faith efforts to meet its goals and timetables. Its good faith
efforts shall be judged by whether it is following its affirmative
action program and attempting to make it work, including evaluation and
changes in its program where necessary to obtain the maximum
effectiveness toward the attainment of its goals. However, in order to
deal fairly with program sponsors, and with women who are entitled to
protection under the goals and timetables requirements, during the first
12 months after the effective date of these regulations, 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. At the end of the first 12 months after the
effective date of these regulations, sponsors are expected to make
appropriate adjustments in goal levels. See 29 CFR 30.8(b).
(g) Data and information. The Secretary of Labor, or a person or
agency designated by the Secretary, shall make available to program
sponsors data and information on minority and female (minority and
nonminority) labor force characteristics for each Standard Metropolitan
Statistical Area and for other special areas as appropriate.
(Approved by the Office of Management and Budget under control number
1205-0224)
[43 FR 20760, May 12, 1978, as amended at 49 FR 18295, Apr. 30, 1984]
