The apprenticeship Equal Employment Opportunity regulations do not specify veterans as a protected group. However, a sponsor may specifically seek out veterans or give them preference in hiring as long as doing so does not discriminate on the basis of any of the protected characteristics. For example, a preference for veterans – who are more likely to be male than female – might have a disparate impact on women that is neither job-related nor consistent with business necessity. Therefore, sponsors should proceed with caution in creating “veteran-only” apprenticeship programs.
Are veterans considered a protected group under the apprenticeship Equal Employment Opportunity regulations? May a sponsor specifically seek them out or give them preference in hiring?
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Yes. The term ethnicity refers to whether an individual is Hispanic or Latino, or not Hispanic or Latino.
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The regulations protect apprentices participating in apprenticeship programs registered either with the Office of Apprenticeship or a State Apprenticeship Agency, as well as applicants to such programs.
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The Equal Employment Opportunity regulations apply to all sponsors of apprenticeship programs registered either with the U.S. Department of Labor Office of Apprenticeship or a State Apprenticeship Agency.
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The Equal Employment Opportunity regulations for Registered Apprenticeship Programs prohibit discrimination on the basis of race, color, religion, national origin, sex (including pregnancy, sexual orientation, and gender identity), disability, age (40 or older), sexual orientation, and genetic information. Under 29 C.F.R. 30.3, sponsors may not discriminate on these bases with respect to personnel actions, including recruitment, selection, placement, rates of pay, hours of work, job assignments, and terminations.
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