(A)Administrative review
(1)In every year during any part of which
a program is subject to affirmative action requirements, the sponsor is to
review the employment and personnel processes of the program and its
employer(s), so as to:
(a)Ensure that the program is free from
discrimination - i.e., that the practices, policies, and employment decisions
of the sponsor and (where separate) the participating employer(s), do not
create in any aspect of the program a systemic bias based on race, color,
religion, national origin, sex (including pregnancy and gender identity),
sexual orientation, age over forty years, genetic information, Hispanic
ethnicity, or disability;
(b)Identify any ways in which such
practices, policies, or decisions create barriers to equal opportunity for
ethnic or racial minorities, women, or persons with disabilities; and
(c)Identify any apprenticeship program
modification that is needed to ensure fulfillment of all equal employment
opportunity (EEO) and affirmative action obligations under rules in division
5101:11 of the Administrative Code.
(2)The review is to be careful, thorough,
and systematic, and include all aspects of the apprenticeship program and of
each occupation course, including but not limited to the qualifications for
apprenticeship, application and selection procedures, wages, outreach and
recruitment activities, advancement opportunities, promotions, work
assignments, job performance, rotations among all work processes of the
occupation, disciplinary actions, handling of requests for reasonable accommodations,
the program's accessibility to individuals with disabilities (including to the
use of information and communication technology), and the employment and
personnel policies of the program and its employer(s).
(3)In its written affirmative action plan
(AAP), the sponsor is to include a description of its review methods and of any
apprenticeship program modifications that the review identifies as necessary
for compliance with the rules in division 5101:11 of the Administrative Code.
(B)Analysis to determine if deficiencies
exist. In each year during any part of which a program is subject to
affirmative action requirements, the sponsor will work with the council office
to conduct a deficiency analysis. This procedure will measure the extent to
which the registered apprentices in each major occupation sector in the program
reflect the demographics of the persons available for apprenticeship in that
sector of the recruitment area as a whole. The analysis methods are to be set
forth in detail as part of the affirmative action plan.
(1)The purposes of the analysis are:
(a)To ascertain the need and scale of
utilization goals concerning female, minority, and Hispanic individuals;
(b)To identify possible barriers to
apprenticeship and equal opportunity for those groups and for people with
disabilities; and
(c)To determine the need, type, and scale
of special outreach, recruitment, and retention activities targeted toward all
four groups.
(2)The deficiency analysis will include
two components:
(a)Utilization analysis. The analysis for
each program will measure the percentages of the apprentice workforce in each
major occupation sector which comprise female, minority, Hispanic, and disabled
individuals;
(b)Availability analysis. The analysis
will assess the percentages of the recruitment area's population available for
apprenticeship in each relevant occupation sector, that comprise female,
minority, and Hispanic individuals. The result will be an availability figure
for each of the three demographic groups, that serves as a benchmark for
enrolling members of that group in that sector of the program. A benchmark for
enrolling people with disabilities, exists in a uniform nationwide figure of
seven per cent, established by the U.S. department of labor.
(C)Identifying causes. Where a deficiency
analysis finds underutilization of female, minority, Hispanic, and/or disabled
individuals in apprenticeship, the sponsor will examine all aspects of its
program to identify any barriers or impediments that might account for a lack
of equal opportunity for those groups. The standards and the AAP are to include
a thorough and up-to-date description of the methods used in this examination,
and of the latest results.
(D)Data resources. The Ohio department of
job and family services will make available to program sponsors data and
information on Hispanic, racial minority, and female labor force
characteristics for each standard metropolitan statistical area, and for other
special areas as appropriate.
(E)Goals.
(1)Terms.
(a)"Analysis" as used in this
paragraph means the deficiency analysis described in paragraph (B) of this
rule.
(b)"Underutilization" or
"deficiency" as used in this rule refers to the situation where a
program's apprentice workforce in a given occupational sector includes fewer
minority, female, Hispanic, and/or disabled individuals, than would reasonably
be expected in view of the availability analysis described in paragraph (B) of
this rule.
(2)Goal requirement.
(a)A sponsor which determines, on the basis
of the analysis described in paragraph (B) of this rule, that the program
underutilizes minority, female, and/or Hispanic workers in any occupation
sector, will include in its affirmative action plan percentage goal for the
selection of applicants from each under-utilized group, into that sector of the
apprenticeship program; and, where the selection procedure includes an
eligibility pool for one or more occupation sector(s), the plan will also
include the corresponding percentage goal(s) for the admission of applicants
into the pertinent eligibility pool(s).
(b)Where, on the basis of the analysis, it
is determined that a program has no deficiencies, the sponsor need not
establish selection goals. However, in that case, the affirmative action plan
will include an explanation of why it contains no goals.
(c)A sponsor's determination under
paragraph (B) of this rule that a utilization goal is required, constitutes
neither a finding nor an admission of discrimination. Utilization goals serve
as objectives or targets reasonably attainable by means of applying every good
faith effort to make all aspects of the entire affirmative action plan work.
Utilization goals are used to measure the effectiveness of the sponsor's
outreach, recruitment, and retention efforts.
(3)Establishment of goals.
(a)In establishing its goal(s), the
sponsor should consider the results which could be reasonably expected from its
good faith efforts to make all aspects of its affirmative action plan work.
(b)Where, pursuant to paragraph (E)(2) of
this rule, a sponsor is required to establish a utilization goal for a
particular group in its apprenticeship program, the sponsor will establish a
percentage goal at least equal to the availability figure derived under
paragraph (D)(2) of this rule.
(4)Review of goals.
(a)Sponsors are to review their goal
levels annually, and adjust them as warranted by the results of periodic
deficiency analyses. Goals are not to be reduced from one analysis to the next,
except as warranted by a decline in the availability figure for the recruitment
area..
(b)Where the council office determines
that the sponsor has deficiencies within the meaning of this rule, and that its
affirmative action plan contains inadequate goals or none at all, the council
office will establish goals for the relevant occupation sector(s), as it deems
appropriate to address the requirements of paragraph (G) of this rule. The
sponsor is to make good faith efforts to attain these goals.
Replaces: Part of 5101:11-5-02
Effective: 10/1/2020
Five Year Review (FYR) Dates: 10/01/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 09/14/2020
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.03, 4139.05
Prior Effective Dates: 10/08/1971, 10/13/1978, 11/23/1998,
03/22/2004, 06/06/2009, 08/07/2014