(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;
(3)
Any other form of compensation and changes in
compensation;
(4)
Credit for previous training;
(5)
Periodic
advancement;
(7)
Award of tenure,
demotion, transfer, layoff, termination, right of return from layoff, and
rehiring;
(9)
Hours of work and
hours of training provided;
(10)
Job performance,
rotation among all work processes of the occupation;
(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
Notes
Ohio Admin. Code 5101:11-5-01
Effective:
10/1/2020
Five Year Review (FYR) Dates:
10/01/2025
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
