Yes. The term ethnicity refers to whether an individual is Hispanic or Latino, or not Hispanic or Latino.
Is ethnicity included as a protected characteristic?
Equal Employment Opportunity
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All apprentices and applicants for apprenticeship are protected against discrimination on the grounds listed in 29 C.F.R. 30.3 of the apprenticeship Equal Employment Opportunity regulations. This means that no apprentice or applicant can be discriminated against because of their race, color, religion, national origin, sex (including pregnancy, sexual orientation, and gender identity), disability, age (40 or older), sexual orientation, or genetic information. So, for example, both men and women, as well as people of all races and ethnicities, are protected from discrimination on these bases.
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The provisions of 29 C.F.R. 30.3 of the apprenticeship EEO regulations, and specifically the EEO Pledge, state that sex discrimination includes discrimination on the basis of gender identity, as well as discrimination on the basis of pregnancy. Additionally, the Office of Apprenticeship looks to the legal standards and defenses applied under title VII of the Civil Rights Act of 1964 and Executive Order 11246 in determining whether a sponsor has engaged in unlawful discrimination on the basis of sex. The Supreme Court, in Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020) held that the prohibition in title VII against sex discrimination includes discrimination based on sexual orientation or gender identity, and thus that firing individuals because of their sexual orientation or transgender status violates title VII’s prohibition on discrimination because of sex.
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The regulations are intended to benefit sponsors, apprentices, applicants for apprenticeship, and the general public. By reaching a broad range of applicants, program sponsors are able to grow and access a deeper well of talent. Apprentices and applicants, as well as the public, benefit from increased opportunities for women, minorities, and persons with disabilities to enter – and succeed in – apprenticeship programs.
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Under the Equal Employment Opportunity regulations, sponsors must develop and implement procedures to ensure that apprentices are not harassed because of their race, color, religion, national origin, sex (including pregnancy, sexual orientation, and gender identity), sexual orientation, age (40 or older), genetic information, or disability, and to also ensure that their apprenticeship programs are free from intimidation and retaliation. In those situations where discriminatory actions or other actions in violation of this part are taken by employers participating in the sponsor’s program, the sponsor has an obligation to take steps to address the violation when it has knowledge of such actions. Visit the Prevent Harassment page for more information.
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