Sec. 5101:11-5-01 - Equal opportunity policy

ยง 5101:11-5-01. Equal opportunity policy

(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;

(2) Equality of wages;

(3) Any other form of compensation and changes in compensation;

(4) Credit for previous training;

(5) Periodic advancement;

(6) Promotion;

(7) Award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;

(8) Assignment of work;

(9) Hours of work and hours of training provided;

(10) Job performance, rotation among all work processes of the occupation;

(11) Conditions of work;

(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

(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)

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