Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › AFFIRMATIVE ACTION PLANS › Section 81.25 - Goals and timetables-establishment, attainment

Current through Register Vol. 54, No. 28, July 13, 2024
Goals and timetables shall be established on the basis of
					 an analysis by the sponsor of its underutilization of minorities and women and
					 its entire affirmative action program. A single goal for minorities and a
					 separate single goal for women is 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 were underutilized even though
					 the sponsor had achieved its standards for women generally. In establishing the
					 goals, the sponsor should 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 timetable, or failing that, whether it
					 had made good faith efforts to meet its goals and timetables. Its "good faith
					 efforts" will 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, during the first 12 months after the effective date of this
					 chapter, 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 50% of the
					 proportion women comprise of the work force in the program sponsor's labor
					 market area and to set a percentage goal for women in each class beyond the
					 entering class which is not less than the participation rate of women currently
					 in the preceding class. At the end of the first 12 months after the effective
					 date of this chapter, sponsors are expected to make appropriate adjustments in
					 goal levels. In establishing the goals, the sponsor should 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
					 will be determined by whether the sponsor has met its goals within its
					 timetable or, failing that, whether it had made good faith efforts to meet its
					 goals and timetables. Its "good faith efforts" will 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.
This section cited in 34 Pa. Code §
												81.33 (relating to random
						selection from pool of eligible applicants); and 34 Pa. Code §
												81.34 (relating to selection from
						pool of current employes).