Current through November, 2024
Section 12-31-4 - Affirmative action plans(a) A sponsor's commitment to equal opportunity in the recruitment, selection, employment, and training of apprentices shall include the adoption of a written affirmative action plan.(b) 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 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) An acceptable affirmative action plan shall also include adequate provision for outreach and positive recruitment that would reasonably be expected to increase the participation of minorities and women in apprenticeship by expanding their opportunities of becoming 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 shall be required to undertake a significant number of appropriate activities in order to enable it to( meet its obligations under this chapter. The affirmative action plan shall set forth the specific steps the sponsor intends to take in the areas listed below:(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 customarily receiving applications throughout the year, such information shall be regularly disseminated but not less than semiannually. 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 in the general areas in which the program sponsor operates;(2) Participation in workshops that familiarize school, employment service, and other appropriate personnel with the apprenticeship system and current opportunities therein;(3) Cooperation with the state department of education 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 chapter;(5) Engaging in programs such as out reach for the positive recruitment and preparation of potential applicants for apprenticeship; 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 USDOL. 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 encourage and prepare women to enter traditionally male programs;(6) Encouraging the establishment and utilization of programs of pre apprenticeship; 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 journey workers 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; and(9) Other appropriate. action to ensure that the recruitment, selection, employment, and training of apprentices during 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.[Eff. 7/30/81] (Auth: HRS § 372-5) (Imp: HRS § 372-5)