Section 12-31-3 - Equal opportunity standards(a) Each sponsor shall:(1) Prohibit discriminatory practices, in accordance with section 378-2, Hawaii Revised Statutes, in the recruitment, selection, employment, and training of apprentices;(2) Uniformly apply apprenticeship standards, including, but not limited to, equality of wages, periodic advancement, promotion, assignment of work, job performance, rotation among all work processes of the trade, and imposition of penalties brother disciplinary action; and(3) Take affirmative action to provide equal opportunity in apprenticeship, including adoption of an affirmative action plan as required by this chapter.(b) Each sponsor shall include in its standards the following equal opportunity pledge; "The recruitment, selection, employment, and training of apprentices during their apprenticeship shall be without discrimination on the basis of race, color, religion, national origin, sex, age, physical handicap, marital status, or arrest and court record which does not have a substantial relationship to the functions and responsibilities of the prospective or continued employment, provided that a sponsor may refuse to refer for employment an individual for good cause relating to the ability of the individual to perform the work in question. Affirmative action shall be undertaken to provide equal employment opportunity in apprenticeship and the apprenticeship program shall be operated as required under chapter 31, title 12, Administrative Rules.
(c) A sponsor of a program seeking registration with the department shall take the following actions: (1) Include in the standards of its apprenticeship program the equal opportunity pledge prescribed in subsection (b);(2) Adopt an affirmative action plan required by section 12-31-4; and(3) Adopt a selection procedure required by section 12-31-6. A sponsor adopting a selection method under section 12-31-7, 12-31-8, or 12-31-9 shall prepare, and have available for submission upon request, copies of its amended standards, affirmative action plan, and selection procedure. A sponsor adopting a selection method under section 12-31-10 shall submit to the department copies of its standards, affirmative action plan, and selection procedure in accordance with the requirements of that section.(d) A sponsor shall not be required to adopt an affirmative action plan under section 12-31-4 or a selection procedure under section 12-31-6 if it submits to the department satisfactory evidence that it is in compliance with an equal employment opportunity program providing for the selection of apprentices and for affirmative action in apprenticeship, including goals and timetables for women and minorities which have been approved as meeting the requirements of Title VII of the Civil Rights Act of 1964, as amended, and its implementing regulations published in title 29, CFR; chapter XIV (Equal Employment Opportunity Commission Rules and Regulations) or Executive Order 11246, as amended, and its implementing regulations of title 41, CFR, chapter 60.(e) A sponsor of a program in which fewer than five apprentices are indentured shall not be required to adopt an affirmative action plan under section 12-31-4 or a selection procedure under section 12-31-6, provided that such a program was not adopted to circumvent the requirements of this chapter.[Eff. 7/30/81] (Auth: HRS § 372-5) (Imp: HRS § 372-5)