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.
Why is workplace harassment part of the regulations?
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The apprenticeship Equal Employment Opportunity regulations require that all Registered Apprenticeship Program sponsors take the following actions to prevent harassment in their programs:
A. Provide anti-harassment training to all individuals connected with operation of the apprenticeship program, including journeyworkers who regularly work with and/or mentor apprentices. Such training must:
- Communicate that unlawful harassing conduct will not be tolerated.
- Define the types of conduct that are unlawful.
- Explain that apprentices have the right to file a harassment complaint, without fear of retaliation, and provide information on how to do so.
B. Ensure that all facilities and apprenticeship activities are available regardless of an apprentice’s race, color, religion, national origin, sex (including pregnancy, sexual orientation, and gender identity), sexual orientation, age (40 or older), disability, or genetic information.
C. If the sponsor provides restrooms or changing facilities, they must provide separate or single-user facilities to assure privacy between the sexes.
D. Establish and implement procedures for handling and resolving complaints about harassment, intimidation, or retaliation.
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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.
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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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Harassment in the workplace is unwelcome or offensive conduct that has the purpose or effect of being detrimental to an employee’s work performance, professional advancement, and/or mental health. Harassment against apprentices or applicants for apprenticeship programs can be against the law if it is because of certain characteristics – including their race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), sexual orientation, national origin, age, disability, and genetic information – and if it creates an intimidating, hostile, or offensive work environment or results in an adverse employment action.
Harassment is not limited by gender identity or sexual orientation. Likewise, a target of harassment and their harasser may identify as the same sex and/or share the same sexual orientation. Visit the Prevent Harassment page for more information.
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