12-181 C.M.R. ch. 2, § 10 - Selection of Apprentices
a. A sponsor's
procedures for selection of apprentices must be included in the written plan
for Standards of Apprenticeship submitted to and approved by the Maine
Apprenticeship Program, as required under MRS Title 26 § 3203.
b. Sponsors may utilize any method or
combination of methods for selection of apprentices, provided that the
selection method(s) used meets the following requirements:
1. The use of the selection procedure(s) must
comply with the Uniform Guidelines on Employee Selection Procedures (UGESP) (41
CFR part 60-3), including the requirements to evaluate the impact of the
selection procedure on race, sex, and ethnic groups (Hispanic or
Latino/non-Hispanic or Latino) and to demonstrate job-relatedness and business
necessity for those procedures that result in adverse impact in accordance with
the requirements of UGESP.
2. The
selection procedure(s) must be uniformly and consistently applied to all
applicants and apprentices within each selection procedure utilized.
3. The selection procedure(s) must comply
with title I of the ADA and EEOC's implementing regulations at part 1630. This
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 program sponsor, 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, color, religion, national origin, sex,
sexual orientation, age (40 or older), genetic information, and
disability.
Notes
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