Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.04 - Affirmative Action Plans

Current through Register Vol. 51, No. 14, July 12, 2024
A. Adoption
				of Affirmative Action Plans. A sponsor's commitment to equal opportunity in
				recruitment, selection, employment, and training of apprentices shall include
				the adoption of a written affirmative action plan.
B. Definition of Affirmative Action.
				Affirmative action is not mere passive nondiscrimination. It includes
				procedures, methods, and programs for the identification, positive recruitment,
				training, and motivation of present and potential minority and female (minority
				and nonminority) apprentices including the establishment of goals and
				timetables. It is action which will equalize opportunity in apprenticeships so
				as to allow full use of the work potential of minorities and women. The overall
				result to be sought is equal opportunity in apprenticeships for all individuals
				participating in or seeking entrance to the State labor force.
C. Outreach and Positive Recruitment.
(1) An acceptable affirmative action plan
				shall also include adequate provision for outreach and positive recruitment
				that would reasonably be expected to increase minority and female participation
				in apprenticeship by expanding the opportunity for minorities and women to
				become eligible for apprenticeship selection. To achieve these objectives,
				sponsors shall undertake activities such as those listed below. It is not
				contemplated that each sponsor necessarily will include all of the listed
				activities in its affirmative action program. The scope of the affirmative
				action program will depend on all the circumstances including the size and type
				of the program and its resources. However, the sponsor will be required to
				undertake a significant number of appropriate activities in order to enable it
				to meet its obligations under these regulations. The affirmative action plan
				shall set forth the specific steps the sponsor intends to take in the areas
				listed below. Whenever special circumstances warrant, the Council may provide
				the assistance it deems necessary to implement the requirements of this
				section.
(2) Activities for
				Acceptable Affirmative Action Plan.
(a)
				Dissemination of information concerning the nature of the apprenticeship,
				requirements for admission to apprenticeship, availability of apprenticeship
				opportunities, sources of apprenticeship applications, and the equal
				opportunity policy of the sponsor. For programs accepting applications only at
				specified intervals, the information shall be disseminated at least 30 days in
				advance of the earliest date for application at each interval. For programs
				customarily receiving applications throughout the year, the information shall
				be regularly disseminated but not less than semiannually. The information shall
				be given to the Council, local schools, employment service offices, women's
				centers, outreach programs and community organizations which can effectively
				reach minorities and women, and shall be published in newspapers which are
				circulated in the minority community and among women, as well as in the general
				areas in which the program sponsor operates.
(b) Participation in annual workshops
				conducted by employment service agencies for the purpose of familiarizing
				school, employment service, and other appropriate personnel with the
				apprenticeship system and current opportunities therein.
(c) Cooperation with local school boards and
				vocational education systems to develop programs for preparing students to meet
				the standards and criteria required to qualify for entry into apprenticeship
				programs.
(d) Internal
				communication of the sponsor's equal opportunity policy in such a manner as to
				foster understanding, acceptance, and support among the sponsor's various
				officers, supervisors, employees, and members, and to encourage these persons
				to take the necessary action to aid the sponsor in meeting its obligations
				under these regulations.
(e)
				Engaging in programs such as outreach for the positive recruitment and
				preparation of potential applicants for apprenticeships. When appropriate and
				feasible, these programs shall provide for pretesting experience and training.
				If no such programs are in existence the sponsor shall seek to initiate these
				programs, or, when available, to obtain financial assistance from the U.S.
				Department of Labor. In initiating and conducting these programs the sponsor
				may be required to work with other sponsors and appropriate community
				organizations. The sponsor shall also initiate programs to prepare women and
				encourage women to enter traditionally male programs.
(f) To encourage the establishment and
				utilization of programs of preapprenticeship, preparatory trade training, or
				others designed to afford related work experience or to prepare candidates for
				apprenticeship, a sponsor shall make appropriate provision in its affirmative
				action plan to assure that those who complete these programs are afforded full
				and equal opportunity for admission into the apprenticeship program.
(g) Utilization of journeypersons to assist
				in the implementation of the sponsor's affirmative action program.
(h) Granting advanced standing or credit on
				the basis of previously acquired experience, training, skills, or aptitude for
				all applicants equally.
(i) Other
				appropriate action to ensure that the recruitment, selection, employment, and
				training of apprentices during apprenticeship shall be without discrimination
				based on political or religious opinion or affiliation, marital status, race,
				color, creed, national origin, sex, or age, unless sex or age constitutes a
				bona fide occupational qualification, or the physical or mental disability of a
				qualified individual with a disability (for example, general publication of
				apprenticeship opportunities and advantages in advertisements, industry
				reports, articles; use of present minority and female apprentices and
				journeypersons as recruiters; career counseling; periodic auditing of
				affirmative action programs and activities; and development of reasonable
				procedures between the sponsor and employers of apprentices to ensure that
				equal opportunity is being granted, including reporting systems, on-site
				reviews, briefing sessions). The affirmative action program shall set forth
				specific steps the sponsor intends to take, in the above areas under this
				section. Whenever special circumstances warrant, the Council may provide the
				assistance it deems necessary to implement the above requirements.