(A)Affirmative action plans. With the
exception of Title VII EEO cases described in paragraph (B) of this rule, the
affirmative action requirements under division 5101:11 of the Administrative
Code apply to a program when the size of its registered apprentice workforce
reaches five or more at a time. For the ensuing twelve months and the
immediately following period, if any, in which participation continues at that
level, the program will adhere to a written affirmative action plan that has
been approved by the council office. The plan is to make provisions for all
functions described in this rule, and is to be annually reviewed and, where
necessary to fulfill these functions, updated. A program that attains the
designated enrollment threshold is to immediately inform the council office of
this fact.
(B)Title VII EEO programs. A sponsor
subject to the five-or-more apprentice criterion, will not be required to adopt
an affirmative action plan under this rule, if it submits to the council office
satisfactory evidence that it is in compliance with an equal employment
opportunity program that meets all of the following criteria:
(1)It provides for affirmative action in
the recruitment, enrollment, and treatment of apprentices; and
(2)It has been approved as meeting the
requirements of either:
(a)29 C.F.R. part 30 (as in effect on
5/1/2020) and 42 U.S.C. 2000e (as in effect on 5/1/2020), as augmented by
extension of the program's protections to include individuals with
disabilities; or
(b)All of the following: federal Executive
Order 11246 (as in effect on 5/1/2020), section 503 of the Rehabilitation Act,
29 U.S.C. 793 (as in effect on 5/1/2020), and their implementing regulations of
title 41 C.F.R., chapter 60 (as in effect on 5/1/2020); and
(3)For every underrepresented group, it
includes affirmative action goals that are equal to or greater than the goals
required under rule 5101:11-6-02 of the Administrative Code.
(C)Definition of affirmative action.
Affirmative action is not merely passive nondiscrimination or a paperwork
exercise. It requires the pursuit of specific purposes through strategically
planned and affirmative steps affecting all of a registered sponsor's
procedures, methods, policies, practices, and programs. The purpose is to
ensure equal opportunity and prevent discrimination in apprenticeship programs,
and to actively address any barriers to those objectives.
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