New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.5 - Affirmative action plans

Current through Register Vol. 46, No. 28, July 10, 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 apprenticeship so
				  as to allow full utilization of the work potential of minorities and women. The
				  overall result to be sought is equal opportunity in apprenticeship for all
				  individuals participating in or seeking entrance to the State's labor
				  force.
(c) Outreach and positive
				  recruitment. An acceptable affirmative action plan must 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 of minorities and women to become eligible for
				  apprenticeship selection. In order to achieve these objectives, sponsors shall
				  undertake activities such as those listed in this subdivision. It is not
				  contemplated that each sponsor necessarily will include all 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 this Part. The affirmative action plan shall set
				  forth the specific steps the sponsor intends to take in the areas listed in
				  this subdivision.
(1) 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, such
				  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, such information shall be regularly
				  disseminated but not less frequently than semiannually. Such information shall
				  be given to the commissioner, employment service offices, local schools,
				  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.
(2) 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.
(3) 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.
(4) 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 such persons to
				  take the necessary action to aid the sponsor in meeting its obligations under
				  this Part.
(5) Engaging in programs
				  such as outreach for the positive recruitment and preparation of potential
				  applicants for apprenticeships; where appropriate and feasible, such programs
				  shall provide for pretesting experience and training. If no such programs are
				  in existence, the sponsor shall seek to initiate these programs. 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.
(6) 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 such
				  programs are afforded full and equal opportunity for admission into the
				  apprenticeship program.
(7)
				  Utilization of journeypersons to assist in the implementation of the sponsor's
				  affirmative action program.
(8)
				  Granting advance standing or credit on the basis of previously acquired
				  experience, training, skills or aptitude for all applicants equally.
(9) Admitting to apprenticeship persons whose
				  age exceeds the maximum age for admission to the program, where such action
				  assists the sponsor in achieving its affirmative action obligations.
(10) Develop and submit to the State Division
				  of Human Rights for approval, a plan to increase the employment of members of a
				  minority group. Subdivision 12 of section 296 of the State Human Rights Law
				  permits an employer, employment agency, labor organization or joint
				  labor-management committee to carry out a plan, approved by the Division of
				  Human Rights, to increase the employment of a minority group which has a
				  statewide unemployment rate that is disproportionately high in comparison with
				  the statewide unemployment rate of the general population. Any plan approved
				  under this measure must be in writing and the State Division of Human Rights'
				  approval shall be for a limited period and may be rescinded at any time for
				  good cause.
(11) Other appropriate
				  action to ensure that the recruitment, selection, employment and training of
				  apprentices during apprenticeship shall be without discrimination because of
				  age, race, color, religion, national origin, sex, disability or marital status;
				  e.g., general publication of apprenticeship opportunities and advantages in
				  advertisements, industry reports, articles, etc.; 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 employment opportunity is being granted, including
				  reporting systems, on-site reviews, briefing sessions, etc. The affirmative
				  action program shall set forth the specific steps the sponsor intends to take
				  in the above areas, under this section.