(A)Administrative responsibility for equal
opportunity. Each registered apprenticeship program is required to provide
equal opportunity in apprenticeship, regardless of race, color, religion,
national origin, sex (including pregnancy and gender identity), sexual
orientation, age over forty years, genetic information, Hispanic ethnicity, or
disability. The program's authorized representative is responsible and
accountable for ensuring equal opportunity in registered apprenticeship, and
for developing and implementing the affirmative action plan prescribed in rules
in Chapter 5101:11-6 of the Administrative Code in the case of a program with
five or more apprentices. This individual will have the resources, support of,
and access to the sponsor leadership to ensure effective implementation. This
individual is responsible for:
(1)Monitoring all registered
apprenticeship activity to ensure compliance with the nondiscrimination and
affirmative action obligations required by rules under division 5101:11 of the
Administrative Code;
(2)Working with program personnel and all
appropriate personnel of the employer(s) participating in the program, to
ensure their full cooperation in achieving compliance with rules under division
5101:11 of the Administrative Code;
(3)Maintaining records required by rules
under division 5101:11 of the Administrative Code; and
(4)Generating and submitting reports as
may be required by the council office.
(B)Program activity. In compliance with
equal opportunity requirements under rules in division 5101:11 of the
Administrative Code, each program is to take at minimum the following steps:
(1)Internal dissemination of equal
opportunity policy. The program will inform each of its apprentices and
apprenticeship applicants, as well as the appropriate personnel of the
participating employer(s), and all personnel of the sponsor organization, about
the program's obligations concerning equal opportunity and affirmative action.
In addition, the sponsor will have all individuals connected with the administration
or operation of the program, to take the necessary action to help meet these
obligations. A sponsor, at a minimum, is required to:
(a)Publish the equal opportunity pledge
required under rule 5101:11-5-01 of the Administrative Code, through all
appropriate communications outlets of the program and of its participating
employer(s), such that it is accessible to all apprentices and applicants for
apprenticeship. These outlets include but aren't limited to apprentice and
employee handbooks, policy manuals, newsletters, and other appropriate
publications; apprenticeship opportunity announcements; bulletin boards; and
various electronic media.
(b)Conduct orientation and periodic
information sessions for its apprentices, journeyworkers involved in the
program, all program personnel, appropriate personnel of the participating
employer(s), and other individuals connected with the administration or
operation of the program, to ensure that they understand the requirements under
this chapter of the Administrative Code and all the ways in which they are
expected to contribute to compliance.
(2)Universal outreach and recruitment. The
sponsor will implement measures to ensure that its outreach and recruitment
efforts extend to all persons available for apprenticeship who live within the
sponsor's recruitment area, without regard to race, sex, Hispanic ethnicity,
disability, color, religion, national origin, sexual orientation, age over
forty years, or genetic information. In furtherance of this requirement, the
sponsor will:
(a)Develop and update annually a list of
current recruitment sources that will generate referrals from all demographic
groups within the relevant recruitment area. Examples of relevant recruitment
sources include, but aren't limited to: the public workforce system's local job
centers and local workforce development boards; community-based organizations;
community colleges; vocational, career and technical schools;
pre-apprenticeship programs; and federally funded youth job-training programs such
as "YouthBuild" and "Job Corps" or their successors;
(b)Identify a contact person, mailing
address, telephone number, and email address for each recruitment source; and
(c)Provide recruitment sources advance
notice of apprenticeship openings so that the recruitment sources can notify
and refer candidates. Such notification is to include documentation of the
sponsor's equal opportunity pledge specified in this paragraph. Programs that
accept applications only at specified intervals will disseminate such
information at least thirty days in advance of the earliest date for
application at each interval. Programs that adopt this strategy and that
customarily take applications throughout the year, will disseminate the
information regularly, but not less than semiannually.
(3)Maintaining workplace free from
harassment, intimidation, and retaliation. The sponsor will develop and implement
procedures to ensure that its apprentices are not harassed because of their
race, color, religion, national origin, sex, sexual orientation, age over forty
years, genetic information, Hispanic ethnicity, or disability and to ensure
that its workplace is free from intimidation and retaliation as prohibited by
paragraph (E) of rule 5101:11-8-01 of the Administrative Code. To ensure an
environment in which all apprentices feel safe, welcomed, and treated fairly,
the sponsor will:
(a)Communicate to all personnel that
harassing conduct will not be tolerated;
(b)Provide anti-harassment training to all
individuals connected with the administration or operation of the
apprenticeship program, including all apprentices and journeyworkers who
regularly work with apprentices. This training will not be a mere transmittal
of information, but will require meaningful participation by trainees, such as
attending a training session in person or completing an interactive training
online. The training content is to include, at a minimum, communication of the
following:
(i)That harassing conduct will not be
tolerated;
(ii)The definition of harassment and the
types of conduct that constitute unlawful harassment on the basis of race,
color, religion, national origin, sex, sexual orientation, age over forty
years, genetic information, disability or Hispanic ethnicity; and
(iii)The right to file a harassment
complaint under rule 5101:11-7-02 of the Administrative Code.
(c)Make all facilities and apprenticeship
activities available without regard to Hispanic ethnicity, race, color,
religion, national origin, sex, sexual orientation, age over forty years,
genetic information, or disability; except that if the sponsor provides
restrooms or changing facilities, they will, if so requested by the user(s), be
separated in such a way as to ensure privacy between the sexes;
(d)Ensure that the program's complaint
procedure under rule 5101:11-7-02 of the Administrative Code adequately
addresses complaints of harassment, intimidation, and retaliation.
Replaces: 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