Regardless of the model of sponsorship, the sponsor is ultimately responsible for ensuring that the apprenticeship program complies with the obligations of the Equal Employment Opportunity regulations. When the sponsor is either the employer or has direct input into decisions on hiring, promotion, or termination of apprentices, the sponsor must ensure these actions comply with the Equal Employment Opportunity regulations. 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 undertake steps to address the violation when it has knowledge of such actions.
To what extent is a sponsor responsible for the actions of a participating employer?
Equal Employment Opportunity
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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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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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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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While 29 C.F.R. 30.3 only specifically prohibits age discrimination against those 40 and older, sponsors do not need to include the modifier “40 or older” in their materials referring to age discrimination if they choose not to. Sponsors should also be aware of applicable state and/or local age discrimination laws that may apply, as some of these laws prohibit age discrimination against those who are younger than 40.
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