Inability to meet the disability goal, in and of itself, is not a violation of the regulations and will not lead to a fine, penalty, or sanction. The regulations specifically provide that the disability goal is not to be used as a quota or a ceiling that limits or restricts the employment of individuals with disabilities. Additionally, a sponsor’s determination that it failed to meet the disability goal does not constitute either a finding or admission of discrimination in violation of the regulation. However, when the percentage of individuals with disabilities in one or more major occupation groups is less than the 7% utilization goal, the sponsor must take steps to determine whether and where impediments to equal opportunity exist and develop action-oriented programs to correct them.
What happens if a sponsor does not meet the 7% goal?
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Yes. 29 C.F.R. 30.7 includes a national aspirational utilization goal of 7% for individuals with disabilities that applies to all covered sponsors. This goal provides a benchmark against which sponsors can measure the representation of individuals with disabilities in their apprentice workforce by major occupation group.Read More
Any sponsor that is required to maintain an Affirmative Action Program (which includes sponsors with five or more apprentices that do not already have an approved Equal Employment Opportunity program in place) must include all current apprentices in its calculations as to whether or not 7% of the apprentices within each major occupation group in the program are individuals with disabilities.Read More