(a) Each sponsor
shall:
(1) Prohibit discriminatory practices,
in accordance with section 378-2, Hawaii Revised Statutes, in the recruitment,
selection, employment, and training of apprentices;
(2) Uniformly apply apprenticeship standards,
including, but not limited to, equality of wages, periodic advancement,
promotion, assignment of work, job performance, rotation among all work
processes of the trade, and imposition of penalties brother disciplinary
action; and
(3) Take affirmative
action to provide equal opportunity in apprenticeship, including adoption of an
affirmative action plan as required by this chapter.
(b) Each sponsor 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 on the
basis of race, color, religion, national origin, sex, age, physical handicap,
marital status, or arrest and court record which does not have a substantial
relationship to the functions and responsibilities of the prospective or
continued employment, provided that a sponsor may refuse to refer for
employment an individual for good cause relating to the ability of the
individual to perform the work in question. Affirmative action shall be
undertaken to provide equal employment opportunity in apprenticeship and the
apprenticeship program shall be operated as required under chapter 31, title
12, Administrative Rules.
(c) A sponsor of a program seeking
registration with the department shall take the following actions:
(1) Include in the standards of its
apprenticeship program the equal opportunity pledge prescribed in subsection
(b);
(2) Adopt an affirmative
action plan required by section
12-31-4; and
(3) Adopt a selection procedure required by
section
12-31-6. A sponsor adopting a selection method under section
12-31-7,
12-31-8, or
12-31-9 shall prepare, and have available for submission upon
request, copies of its amended standards, affirmative action plan, and
selection procedure. A sponsor adopting a selection method under section
12-31-10 shall submit to the department copies of its standards, affirmative
action plan, and selection procedure in accordance with the requirements of
that section.
(d) A
sponsor shall not be required to adopt an affirmative action plan under section
12-31-4 or a selection procedure under section
12-31-6 if it submits to the
department 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 have been approved as meeting the requirements of
Title VII of the Civil Rights Act of 1964, as amended, and its implementing
regulations published in title 29, CFR; chapter XIV (Equal Employment
Opportunity Commission Rules and Regulations) or Executive Order 11246, as
amended, and its implementing regulations of title 41, CFR, chapter
60.
(e) A sponsor of a program in
which fewer than five apprentices are indentured shall not be required to adopt
an affirmative action plan under section
12-31-4 or a selection procedure under
section
12-31-6, provided that such a program was not adopted to circumvent the
requirements of this chapter.
