La. Admin. Code tit. 40 § IX-507

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-507 - Equal Opportunity Standards

A. Obligation of Sponsor. Each sponsor of an apprenticeship program shall:

1. recruit, select, employ and train apprentices during their term of apprenticeship without discrimination because of race, color, religion, national origin, or sex;

2. uniformly apply rules and regulations concerning apprentices, including but not limited to equality of wages, periodic advancement, promotion, assignment of work, job performance, rotation among all work processes of the trade, imposition of penalties or other disciplinary action, and all other aspects of the apprenticeship program administration by the program sponsor; and

3. take affirmative action to provide equal opportunity in apprenticeship, including adoption of an affirmative action plan as required by this state plan.

B. Equal Opportunity Pledge. Each sponsor of an apprenticeship program 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 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 Code of Federal Regulations, Part 30, and the Louisiana State Plan."

C. Programs Presently Registered. Each sponsor of a program registered with the council as of the effective date of this Part shall within 90 days of that effective date take the following action:

1. include in the standards of its apprenticeship program the equal opportunity pledge prescribed by §507 B;

2. adopt an affirmative action plan as required by §509; and

3. adopt a selection procedure as required by §511 of this plan. A sponsor adopting a selection method as described under §511. B 2, 3, or 4 shall prepare, and have available for submission upon request copies of its amended standards, affirmative action plans, and selection procedure. A sponsor adopting a selection method as described under §551. B.5 shall submit to the council copies of its standards, affirmative action plan, and selection procedure in accordance with the requirements of §511. B.5

D. Sponsors Seeking New Registration. A sponsor of a program seeking new registration with the apprenticeship division shall submit copies of its proposed standards, affirmative action plan, selection procedures, and such other information as may be required. The program shall be registered if such standards, affirmative action plan, and selection procedure meet the requirements of this plan.

E. Programs Subject to the Approved Equal Employment Opportunity Plans. A sponsor shall not be required to adopt an affirmative action plan described under §509 of this plan or a selection procedure described under §511 if it submits to the Apprenticeship Division and State Apprenticeship Council satisfactory evidence that it is in compliance with an equivalent equal employment opportunity program. This program must provide for affirmative action in apprenticeship including goals and timetables for women and minorities and must be approved as meeting the requirements of Title VII of the Civil Rights Act of 1964, as amended ( 42 U.S.C. 2000 e et seq.) and its implementing regulations published in Title 29 of the Code of Federal Regulations, Chapter, XIV, or Executive Order 11246, as amended and its implementing regulations at Title 41 of the Code of Federal Regulations, Chapter 60 provided, that programs approved, modified, or renewed subsequent to the effective date of this amendment will qualify for this exception only if the goals and timetables for the selection of minority and female apprentices provided for in such programs are equal to or greater than the goals required under this Subsection.

F. Program with Fewer than Five Apprentices. A sponsor of a program in which fewer than five apprentices are indentured shall not be required to adopt an affirmative action plan under §509 of this plan or a selection procedure under §511, provided that such program was not adopted to circumvent the requirements of this Subsection.

La. Admin. Code tit. 40, § IX-507

Promulgated by the Department of Labor, Office of Labor, LR 12:433 (July 1986), amended LR 17:356 (April 1991), amended by the Louisiana Workforce Commission, Office of Workforce Development, LR 37:2217 (July 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:381-391.