(a)
Discrimination prohibited. It is unlawful for a registered apprenticeship
program to discriminate against an apprentice or applicant for apprenticeship
on the basis of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age for
individuals over forty years of age, military or veteran status, or sexual
orientation with regard to all of the following:
(1) Recruitment, outreach, and selection
procedures.
(2) Hiring or
placement, upgrading, periodic advancement, promotion, demotion, transfer,
layoff, termination, right of return from layoff, and rehiring.
(3) Rotation among work processes.
(4) Imposition of penalties or other
disciplinary action.
(5) Rates of
pay or any other form of compensation and changes in compensation.
(6) Conditions of work.
(7) Hours of work and hours of training
provided.
(8) Job
assignments.
(9) Leaves of absence,
sick leave, or any other leave.
(10) Any other benefit, term, condition, or
privilege associated with apprenticeship.
(b) Each apprenticeship program shall include
in its apprenticeship standards and apprenticeship opportunity announcements
the following equal opportunity pledge:
[Name of program] will not discriminate against
apprenticeship applicants or apprentices based on race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity,
gender expression, age for individuals over forty years of age, military or
veteran status, or sexual orientation. [Name of program] will take affirmative
steps to provide equal opportunity in apprenticeship.
(c) Selection of Apprentices
An apprenticeship program's procedures for selection of
apprentices must be included in the written plan for apprenticeship standards
submitted to and approved by the Chief DAS, as required under section
212 of title 8 of the California
Code of Regulations.
Apprenticeship programs may utilize any method or
combination of methods for the selection of apprentices, provided that the
selection method(s) used meets the following requirements:
(1) The selection procedure(s) must be
uniformly and consistently applied to all applicants and apprentices within
each selection procedure utilized.
(2) The selection procedure(s) must comply
with title I of the ADA, EEOC's implementing regulations at 29 CFR part
1630,
the Fair Employment and Housing Act, and the Civil Rights Council's
implementing regulations at sections
11064, et seq. of
title 2 of the
California Code of Regulations as applicable to apprenticeship program
sponsors.
(3) The procedure(s) must
not screen out or tend to screen out an individual with a disability or a class
of individuals with disabilities, on the basis of disability, unless the
standard, test or other selection criteria, as used by the apprenticeship
program, is shown to be job-related for the position in question and is
consistent with business necessity.
(4) The selection procedure(s) must be
facially neutral in terms of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression,
age for individuals over forty years of age, military or veteran status, or
sexual orientation.
Notes
Cal. Code
Regs. Tit. 8, §
215
Note: Authority cited: Sections 3071 and 3073.9, Labor
Code. Reference: Sections 3071, 3073, 3073.9, 3076-3078 and 3080-3084, Labor
Code.
Note: Authority cited: Section
3071, Labor
Code. Reference: Sections
3071,
3073,
3076-
3078,
3080-
3084 and
3096, Labor
Code.
1. Amendment of
subsection (a) filed 6-8-71; effective thirtieth day thereafter (Register 71,
No. 24).
2. New subsection (d) filed 5-7-75; effective thirtieth
day thereafter (Register 75, No. 19).
3. New subsection (e) filed
5-20-77; effective thirtieth day thereafter (Register 77, No. 21).
4. Amendment of subsection (a) filed 10-5-78; effective thirtieth day
thereafter (Register 78, No. 40).
5. Amendment filed 9-27-82;
effective thirtieth day thereafter (Register 82, No. 40).
6.
Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No.
4).
7. Amendment filed 8-29-86; effective thirtieth day thereafter
(Register 86, No. 36).
8. Amendment of section heading, repealer and
new section and amendment of NOTE filed 2-27-2024; operative
4/1/2024
(Register
2024, No. 9).
