Md. Code Regs. 09.12.42.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.42.03 - Equal Opportunity Standards

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

(1) Recruit, select, employ, and train apprentices during their apprenticeship without discrimination based on political or religious opinion or affiliation, marital status, race, color, creed, national origin, sex, or age, unless sex or age constitutes a bona fide occupational qualification, or the physical or mental disability of a qualified individual with a disability;

(2) Uniformly apply 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 administered 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 these regulations.

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 based on political or religious opinion or affiliation, marital status, race, color, creed, national origin, sex, or age, unless sex or age constitutes a bona fide occupational qualification, or the physical or mental disability of a qualified individual with a disability. The sponsor will take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required by these regulations and 29 CFR 30.

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

(1) Include in the standards of its apprenticeship program the equal opportunity pledge prescribed by §B of this regulation;

(2) Adopt an affirmative action plan required by Regulation .04 of this chapter; and

(3) Adopt a selection procedure required by Regulation .05 of this chapter. A sponsor adopting a selection method under Regulation .05B(1), (2), or (3) 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 under Regulation .05B(4) shall submit to the Council copies of its standards, affirmative action plan, and selection procedure in accordance with the requirements of Regulation .05B(4)(a)(i).

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

E. Programs Subject to Approved Equal Employment Opportunity Programs. A sponsor may not be required to adopt an affirmative action plan under Regulation .04 of this chapter or a selection procedure under Regulation .05 of this chapter if it submits to the Council 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 has been approved as meeting the requirements of Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e 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 after the effective date of these regulations will qualify for this exemption only if the goals and timetables for minorities and women for the selection of apprentices provided for in these programs are equal to or greater than the goals required under these regulations.

F. Programs with Fewer than Five Apprentices. A sponsor of a program in which fewer than five apprentices are indentured may not be required to adopt an affirmative action plan under Regulation .04 of this chapter or a selection procedure under Regulation .05 of this chapter, provided that the program was not adopted to circumvent the requirements of these regulations.

Md. Code Regs. 09.12.42.03