12-181 C.M.R. ch. 2, § 5 - Utilization analysis for race, sex, and ethnicity
a.
Purpose. The
purpose of the utilization analysis is to provide sponsors with a method for
assessing whether possible barriers to apprenticeship exist for particular
groups of individuals by determining whether the race, sex, and ethnicity of
apprentices in a sponsor's apprenticeship program is reflective of persons
available for apprenticeship by race, sex, and ethnicity in the relevant
recruitment area. Where significant disparity exists between availability and
representation, the sponsor will be required to establish a utilization goal
pursuant to section 2.6 of this Chapter.
b.
Analysis of apprenticeship program
workforce
1.
Process. Sponsors must analyze the race, sex, and ethnic
composition of their apprentice workforce. This is a two-step process. First,
each sponsor must group all apprentices in its registered apprenticeship
program by occupational title. Next, for each occupation represented, the
sponsor must identify the race, sex, and ethnicity of its apprentices within
that occupation.
2.
Schedule of analyses. Each sponsor is required to conduct an
apprenticeship program workforce analysis at each compliance review, and again
if and when three years have passed without a compliance review. This updated
workforce analysis should be compared to the utilization goal established at
the sponsor's most recent compliance review to determine if the sponsor is
underutilized, according to the process in paragraph (d) of this
section.
3.
Compliance
date
i. Sponsors registered with the
Maine Apprenticeship Program as of the date this Chapter is effective must
conduct their first workforce analysis, pursuant to this section, within 180
days of the effective date of this plan or within two years of registration,
whichever is later.
ii. New
sponsors: A sponsor registering with the Maine Apprenticeship Program after the
effective date of this Chapter must conduct its initial workforce analysis
pursuant to this section no later than two years after the date of
registration.
c.
Availability analysis -
1. The purpose of the availability analysis
is to establish a benchmark against which the demographic composition of the
sponsor's apprenticeship program can be compared in order to determine whether
barriers to equal opportunity may exist with regard to the sponsor's
apprenticeship program.
2.
Availability is an estimate of the number of qualified individuals available
for apprenticeship by race, sex, and ethnicity expressed as a percentage of all
qualified persons available for apprenticeship in the sponsor's relevant
recruitment area.
3. In determining
availability, the following factors must be considered for each major
occupation group represented in the sponsor's registered apprenticeship program
standards
i. The percentage of individuals who
are eligible for enrollment in the apprenticeship program. within the sponsor's
relevant recruitment area broken down by race, sex, and ethnicity; and
ii. The percentage of the
sponsor's employees who are eligible for enrollment in the apprenticeship
program broken down by race, sex, and ethnicity.
4. In determining availability, the relevant
recruitment area is defined as the geographical area from which the sponsor
usually seeks or reasonably could seek apprentices. The sponsor must identify
the relevant recruitment area in its written affirmative action plan. The
sponsor may not draw its relevant recruitment area in such a way as to have the
effect of excluding individuals based on race, sex, or ethnicity from
consideration, and must develop a brief rationale for selection of that
recruitment area.
5. Availability
will be derived from the most current and discrete statistical information
available. Examples of such information include census data, data from local
job service offices, and data from colleges or other training
institutions.
6. Sponsors, working
with the Maine Apprenticeship Program, will conduct availability analyses at
each compliance review.
d.
Rate of
utilization. To determine the rate of utilization, the sponsor,
working with the Maine Apprenticeship Program, must group each occupational
title in its apprenticeship workforce by major occupation group and compare the
racial, sex, and ethnic representation within each major occupation group to
the racial, sex, and ethnic representation available in the relevant
recruitment area, as determined in paragraph (c) of this section. When the
sponsor's utilization of women, Hispanics or Latinos, or a particular racial
minority group is significantly less than would be reasonably expected given
the availability of such individuals for apprenticeship, the sponsor must
establish a utilization goal for the affected group in accordance with the
procedures set forth in section 2.6. Sponsors are not required or expected to
establish goals where no significant disparity in utilization rates has been
found.
Notes
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