Haw. Code R. § 12-31-5 - Goals and timetables

(a) The following shall apply in the establishment of goals and timetables:

(1) A sponsor adopting a selection method under section 12-31-7 or 12-31-8, which determines on the basis of the analysis described in subsection (b) that it has deficiencies in terms of underutilization of minorities or women, or both, in the craft or crafts represented by the 'program, shall include in its affirmative action plan percentage goals and timetables for the admission of minority or female applicants, or both, into the eligibility pool;

(2) A sponsor adopting a selection method under section 12-31-9 or 12-31-10, which determines on the basis of the analysis described in subsection (b) that it has deficiencies in terms of the under utilization of minorities, or women, or both, in the craft or crafts represented by the program, shall include in its affirmative action plan percentage goals and timetables for the selection of the underutilized groups of applicants for the apprenticeship program;

(3) "underutilization" as used in this chapter refers to the situation where there are fewer minorities or women, or both, in the particular craft or crafts represented by the program than would reasonably be expected in view of an analysis of the specific factors in subsection (b). Where, on the basis of the analysis, the sponsor determines that it has no deficiencies, no goals and timetables need be established. However, the affirmative action plan shall include a detailed explanation why no goals and timetables have been established;

(4) Where the sponsor fails to submit goals and timetables as part of its affirmative action plan and fails to provide an explanation thereof, or submits goals and timetables which are unacceptable, the department shall establish goals and timetables applicable to the sponsor for the admission of minority or female applicants, or both, into the eligibility pool or selection of apprentices, as appropriate. The sponsor shall make good faith efforts to attain these goals and timetables in accordance with the requirements of this section.

(b) The sponsor's determination as to whether goals and timetables should be established shall be based on an analysis of at least the following factors, which analysis shall be set forth in writing as part of the affirmative action plan:

(1) The size of the working age minority and female population in the program sponsor's labor market area;

(2) The size of the minority and female labor force in the program sponsor's labor market area;

(3) The percentage of minority and female participation as apprentices in the particular craft as compared with the percentage of minorities and women in the labor force in the program sponsor's labor market area;

(4) The percentage of minority and female participation as journey workers employed by the employer or employers participating in the program as compared with the percentage of minorities and women in the labor force in the sponsor's labor market area and the extent to which the sponsor should be expected to correct any deficiencies through the achievement of goals and timetables for the selection of apprentices; and

(5) The general availability of minorities and women with present or potential capacity for apprenticeship in the program sponsor's labor market area.

(c) The goals and timetables shall be established on the basis of the sponsor's analyses of its underutilization of minorites and women and its entire affirmative action program. A single goal for minorities and a separate single goal for women are acceptable unless a particular group is employed in a substantially disparate manner in which case separate goals shall be established for such group Such separate goals would be required, for example, if a specific minority group of women was underutilized even though the sponsor had achieved its standards for women generally. In establishing the goals, the sponsor shall consider the results which could be reasonably expected from its good faith efforts to make its overall affirmative action program work. Compliance with these requirements shall be determined by whether the sponsor has met its goals within its timetables, or failing that, whether it has made good faith efforts to meet its goals and timetables. Its "good faith efforts" shall be judged by whether it is following its affirmative action program and attempting to make it work, including evaluation and changes in its program where necessary to obtain the maximum effectiveness toward the attainment of its goals. However, in order to deal fairly with program sponsors, and with women who are entitled to protection under the goals and timetables requirements, the program sponsor would generally be expected to set a goal for women for the entering year class at a rate which is not less than fifty per cent of the proportion women are of the workforce in the program spansor's labor market area and set a percentage goal for women in each class beyond the entering class which is not less than the participation rate of women in the preceding class.

(d) The department shall make available to program sponsors data and information on minority and female labor force characteristics for each standard metropolitan statistical area and for other special areas as appropriate.

Notes

Haw. Code R. § 12-31-5

[Eff. 7/30/81] (Auth: HRS § 372-5) (Imp: HRS § 372-5)