N.Y. Comp. Codes R. & Regs. tit. 12 § 600.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 600.4 - Equal opportunity standards

(a) Obligation of sponsors. Each sponsor of an apprenticeship program shall:

(1) recruit, select, employ and train apprentices during their apprenticeship without discrimination because of age, race, color, religion, national origin, sex, disability or marital status;

(2) uniformly apply rules and regulations concerning apprentices, including but not limited to equality of wages, periodic advancement, promotion, assignment of work, job performance, rotation among all work processes of the trade, imposition of penalties or other disciplinary action, and all other aspects of the apprenticeship program administration by the program sponsor;

(3) take affirmative action to provide equal opportunity in apprenticeship, including adoption of an affirmative action plan as required by this Part; and

(4) not require any applicant to pay any application, processing, or other similar fee unless approved by the department. In order to receive department approval, such fees must:

(i) be shown through documentation to not exceed actual costs;

(ii) include a well publicized procedure for waiving the fee for applicants who are in financial need; and

(iii) not exceed $25 per applicant.

(b) Equal opportunity pledge. Each sponsor of an apprenticeship program shall include in its standards the following equal opportunity pledge:

"The recruitment, selection, employment and training of apprentices during their apprenticeship, shall be without discrimination because of age, race, color, religion, national origin, sex, disability or marital status. The sponsor will take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required under title 29 of the Code of Federal Regulations, part 30, and Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York, Part 600."

(c) Programs presently registered. Each sponsor of a program registered with the commissioner as of the effective date of this Part shall, within 30 days of such effective date, take the following action:

(1) include in the standards of its apprenticeship program the equal opportunity pledge prescribed by subdivision (b) of this section;

(2) adopt an affirmative action plan required by section 600.5 of this Part; and

(3) adopt a selection procedure required by section 600.6 of this Part. A sponsor adopting a selection method under paragraph (1), (2) or (3) of section 600.6(b) of this Part shall prepare, and have available for submission upon request, copies of its amended standards, affirmative action plans and selection procedure. A sponsor adopting a selection method under section 600.6(d)(4) of this Part shall submit to the commissioner copies of its standards, affirmative action plan and selection procedure in accordance with the requirements of section 600.6(b)(4)(i)(a) of this Part.

(d) Sponsors seeking new registration. A sponsor of a program seeking new registration with the commissioner shall submit copies of its proposed standards, affirmative action plan, selection procedures and such other information as may be required. The program shall be registered if such standards, affirmative action plan and selection procedure meet the requirements of this Part.

(e) Programs subject to approved equal employment opportunity programs. A sponsor shall not be required to adopt an affirmative action plan under section 600.5 of this Part or a selection procedure under section 600.6 of this Part if it submits to the commissioner satisfactory evidence that it is in compliance with an equal employment opportunity program providing for the selection of apprentices and for affirmative action in apprenticeship, including goals and timetables for women and minorities, which has been approved as meeting the requirements of title VII of the Civil Rights Act of 1964, as amended ( 42 USC 200 e, et seq.), and its implementing regulations published in title 29 of the Code of Federal Regulations, chapter XIV; or Federal Executive Order 11246, as amended, and its implementing regulations in title 41 of the Code of Federal Regulations, chapter 60; provided, that programs approved, modified or renewed subsequent to the effective date of this Part shall qualify for this exception only if the goals and timetables for minorities and women for the selection of apprentices provided for in such programs are equal to or greater than the goals required under this Part.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 600.4