1. (a) Discrimination prohibited. It is unlawful for a registered apprenticeship program to discriminate against an apprentice or applicant for apprenticeship on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, or sexual orientation with regard to all of the following:

   1. (1) Recruitment, outreach, and selection procedures.
   2. (2) Hiring or placement, upgrading, periodic advancement, promotion, demotion, transfer, layoff, termination, right of return from layoff, and rehiring.
   3. (3) Rotation among work processes.
   4. (4) Imposition of penalties or other disciplinary action.
   5. (5) Rates of pay or any other form of compensation and changes in compensation.
   6. (6) Conditions of work.
   7. (7) Hours of work and hours of training provided.
   8. (8) Job assignments.
   9. (9) Leaves of absence, sick leave, or any other leave.
   10. (10) Any other benefit, term, condition, or privilege associated with apprenticeship.

2. (b) Each apprenticeship program shall include in its apprenticeship standards and apprenticeship opportunity announcements the following equal opportunity pledge:

   [Name of program] will not discriminate against apprenticeship applicants or apprentices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, or sexual orientation. [Name of program] will take affirmative steps to provide equal opportunity in apprenticeship.

3. (c) Selection of Apprentices

   1. (1) The selection procedure(s) must be uniformly and consistently applied to all applicants and apprentices within each selection procedure utilized.
   2. (2) The selection procedure(s) must comply with title I of the ADA, EEOC's implementing regulations at 29 CFR part 1630, the Fair Employment and Housing Act, and the Civil Rights Council's implementing regulations at sections 11064, et seq. of title 2 of the California Code of Regulations as applicable to apprenticeship program sponsors.
   3. (3) The procedure(s) must not screen out or tend to screen out an individual with a disability or a class of individuals with disabilities, on the basis of disability, unless the standard, test or other selection criteria, as used by the apprenticeship program, is shown to be job-related for the position in question and is consistent with business necessity.
   4. (4) The selection procedure(s) must be facially neutral in terms of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, or sexual orientation.

   An apprenticeship program's procedures for selection of apprentices must be included in the written plan for apprenticeship standards submitted to and approved by the Chief DAS, as required under section 212 of title 8 of the California Code of Regulations.

   Apprenticeship programs may utilize any method or combination of methods for the selection of apprentices, provided that the selection method(s) used meets the following requirements:

Note: Authority cited: Sections 3071 and 3073.9, Labor Code. Reference: Sections 3071, 3073, 3073.9, 3076-3078 and 3080-3084, Labor Code.

History

1. Amendment of subsection (a) filed 6-8-71; effective thirtieth day thereafter (Register 71, No. 24).

2. New subsection (d) filed 5-7-75; effective thirtieth day thereafter (Register 75, No. 19).

3. New subsection (e) filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21).

4. Amendment of subsection (a) filed 10-5-78; effective thirtieth day thereafter (Register 78, No. 40).

5. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

6. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

7. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

8. Amendment of section heading, repealer and new section and amendment of Note filed 2-27-2024; operative 4-1-2024 (Register 2024, No. 9).