(A)Obligation of sponsors. Each sponsor of
an apprenticeship program is to uniformly apply rules and regulations
concerning apprenticeship, including but not limited to:
(1)Outreach, apprentice recruitment, and
apprentice selection;
(2)Equality of wages;
(3)Any other form of compensation and
changes in compensation;
(4)Credit for previous training;
(5)Periodic advancement;
(6)Promotion;
(7)Award of tenure, demotion, transfer,
layoff, termination, right of return from layoff, and rehiring;
(8)Assignment of work;
(9)Hours of work and hours of training
provided;
(10) Job performance, rotation among all work
processes of the occupation;
(11) Conditions of work;
(12) Imposition of penalties or other
disciplinary action;
(13) Leaves of absence, sick leave, or any
other leave; and
(14) All other aspects of the apprenticeship
program.
(B)With regard to apprenticeship program
activities, it is unlawful for a sponsor to discriminate on the basis of race,
color, religion, national origin, sex (including pregnancy and gender identity),
sexual orientation, age over forty years, genetic information, disability or
Hispanic ethnicity.
(C)Equal opportunity pledge. Each sponsor
of a registered apprenticeship program is to adhere to, and include in its
program standards and all apprenticeship opportunity announcements, the
following equal opportunity pledge:
"In the recruitment, selection,
employment, treatment, and training of apprentices [Name of sponsor] will not
discriminate based on race, color, religion, national origin, sex (including
pregnancy and gender identity), sexual orientation, genetic information,
disability, Hispanic ethnicity, or age above forty years. [Name of sponsor]
will take affirmative action to provide equal opportunity in apprenticeship,
and will operate the apprenticeship program as required under Title 29 of the
Code of Federal Regulations, part 30, and the equal employment opportunity
regulations of the state of Ohio."
(D)Discrimination. In regard to
prohibitions on discrimination based on race, color, religion, national origin,
sex, sexual orientation, disability, age over forty years, Hispanic ethnicity,
and genetic information, sponsors are advised to be familiar with the following
legal codes apart from registered apprenticeship laws and regulations, as these
codes are a widely recognized basis for policies affecting equal employment
opportunity (EEO) and for the interpretation and enforcement of such policies.
(1)Regarding race, color, religion,
national origin, sex, or sexual orientation: title VII of the Civil Rights Act
of 1964, 42 U.S.C. 2000e (as in effect on 5/1/2020).
(2)Regarding people with disabilities:
title I of the Americans with Disabilities Act (ADA), 42 U.S.C. 12112 and 12113
(as in effect on 5/1/2020), and the implementing regulations promulgated by the
Equal Employment Opportunity Commission (EEOC) at 29 C.F.R. part 1630 (as in
effect on 5/1/2020); and by way of general information, the Interpretive
Guidance on title I of the ADA set out as an appendix to part 1630 (as in
effect on 5/1/2020).
(3)Regarding age: the Age Discrimination
in Employment Act (ADEA), 29 U.S.C. 623 (as in effect on 5/1/2020), and the
implementing regulations promulgated by the EEOC at 29 C.F.R. part 1625(as in
effect on 5/1/2020).
(4)Regarding genetic information: the
Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. 2000ff (as in
effect on 5/1/2020), and the implementing regulations promulgated by the EEOC
at 29 C.F.R. part 1635 (as in effect on 5/1/2020).
Replaces: 5101:11-5-01 and 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