The anti-harassment provisions in the Equal Employment Opportunity regulations are applicable to all Registered Apprenticeship Programs. Apprenticeship 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 ensure that their apprenticeship programs are free from intimidation and retaliation. These procedures must include a few specific steps, such as anti-harassment training and developing and implementing complaint procedures. These steps are described in this Frequently Asked Question.
What do the regulations say about harassment?
Equal Employment Opportunity
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Sponsors should offer anti-harassment training, periodically and as necessary, to ensure that all new apprentices, journeyworkers who mentor apprentices, or other personnel connected with the administration or operation of the apprenticeship program receive training. In addition, existing apprentices, journeyworkers who mentor apprentices, and other personnel should be periodically reminded of anti-harassment policies via training or other refresher materials. Anti-harassment training may be provided during the required orientation and periodic information sessions that sponsors must conduct for individuals connected with administration or operation of the apprenticeship program.
We expect that in the course of their normal business practices, some sponsors provide anti-harassment training that covers some or all of what the Office of Apprenticeship regulations require. Sponsors may simply modify existing training modules to include the regulations’ training obligation in order to limit time and expense.
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Women, minorities, individuals with disabilities, and members of other protected groups continue to have very low participation rates in many apprenticeship programs. The apprenticeship Equal Employment Opportunity regulations are intended, in part, to support sponsors in expanding the diversity of their apprenticeship workforces. Protection from harassment promotes a workplace environment in which all apprentices feel safe, welcomed, and treated fairly. This, in turn, benefits apprenticeship sponsors by increasing retention of valued apprentices and enhancing recruitment success with other qualified individuals from underrepresented groups. As apprenticeship programs strive to achieve greater diversity, it is important to prevent individuals from experiencing harassing situations when they are simply trying to do their jobs.
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The sponsor can rely on anti-harassment training provided to instructors, journeyworkers who mentor apprentices, or apprentices by contractors or other providers if that training satisfies the requirements of the Office of Apprenticeship’s apprenticeship Equal Employment Opportunity regulation regarding anti-harassment training:
- The training is not a mere transmittal of information, but includes participation by trainees, such as attending an in-person training session or completing an interactive training online; and
- The content of the training communicates:
- That harassing conduct will not be tolerated in the apprenticeship program;
- The definition of harassment and the types of conduct that constitute unlawful harassment; and
- An explanation of the right to file a harassment complaint.
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The training must be provided to all individuals connected with the administration and operation of the program, including the following:
- Apprentices
- Apprentice supervisors
- Foremen and women
- Journeyworkers
- Instructors
- Mentors
- Other employees who regularly work with apprentices, including management and administrative personnel