La. Admin. Code tit. 40 § IX-509

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-509 - Affirmative Action Plans

A. Adoption of Affirmative Action Plans. A sponsor's commitment to equal opportunity in recruitment, selection, employment, and training of apprentices shall include the adoption of a written affirmative action plan.

B. Definition of Affirmative Action. Affirmative action is not merely passive nondiscrimination. It includes procedures, methods, and programs for the identification, positive recruitment, training, and motivation of present and potential minority and female (minority and nonminority) apprentices, including the establishment of goals and timetables. It is action which will equalize opportunity in apprenticeship so as to allow full utilization of the work potential of minorities and women. The overall result to be sought is equal opportunity in apprenticeship for all individuals participating in or seeking entrance to the nation's labor force.

C. Outreach and Positive Recruitment. An acceptable affirmative action plan must also include adequate provision for outreach and positive recruitment that would reasonably be expected to increase minority and female participation in apprenticeship by expanding the opportunity of minorities and women to become eligible for apprentice selection. The affirmative action plan shall set forth the specific steps the sponsor intends to take in the areas listed below in order to achieve these objectives.

1. Disseminate Information Concerning the Nature of Apprenticeship, Availability of Apprenticeship Opportunities, Source of Apprenticeship Applicants, and the Equal Opportunity Policy of the Sponsor. For programs accepting applications only at specified intervals, such information shall be disseminated at least 30 days in advance of the earliest date for applications at each interval. For programs customarily receiving applications throughout the year, such information shall be regularly disseminated but not less than semi-annually. Such information shall be given to the apprenticeship division, U.S. Department of Labor, local schools, employment service offices, women's centers, outreach programs, and community organizations which can effectively reach minority groups and women, and published in newspapers which are circulated in the minority community and among women, as well as the general areas in which the program sponsor operates.

2. Participate in annual workshops conducted by employment service agencies for the purpose of familiarizing school, employment service, and other appropriate personnel with the apprenticeship system and current opportunities therein.

3. Cooperate with local school boards and vocational education systems to develop programs for preparing students to meet the standards and criteria required to qualify for entry into apprenticeship programs.

4. Provide internal communication of the sponsor's equal opportunity policy in such a manner as to foster understanding, acceptance, and support among the sponsor's various officers, supervisors, employees, and members, and to encourage such persons to take necessary action to aid the sponsor in meeting its obligations under this plan.

5. Engage in programs such as Outreach for the positive recruitment and preparation of potential applicants for apprenticeship; where appropriate and feasible, such programs shall provide for pre-testing experience and training. If no such programs are in existence, the sponsor shall seek to initiate these programs, or, when available, to obtain financial assistance from the U.S. Department of Labor. In initiating and conducting these programs, the sponsor may be required to work with other sponsors and appropriate community organizations. The sponsor also shall initiate programs to prepare women to enter traditionally male programs.

6. Encourage establishment and use of programs of preapprenticeship, preparatory trade training, or other programs designed to afford related work experience or to prepare candidates for apprenticeship. A sponsor shall make appropriate provision in its affirmative action plan to assure that those who complete such programs are afforded full and equal opportunity for admission into the apprenticeship program.

7. Utilize journeypersons to assist in the implementation of the sponsor's affirmative action program.

8. Grant advanced standing or credit on the basis of previously acquired experience, training, skills, or aptitude for all applicants equally.

9. Admit to apprenticeship persons whose age exceeds the maximum age for admission to the program, where such action assists the sponsor in achieving its affirmative action obligations.

10. Take any other action necessary to ensure that recruitment, selection, employment, and training of apprentices during apprenticeship, shall be without discrimination because of race, color, religion, national origin, or sex, such as general publication of apprenticeship opportunities and advantages in advertisements, industry reports, articles, etc.; use of present minority and female apprentices and journeypersons as recruiters; career counseling; periodic auditing of affirmative action programs and activities; and development of reasonable procedures between sponsors and employers of apprentices to ensure that equal employment opportunity is being granted including reporting systems, on-site reviews, briefing sessions, etc.

D. Goals and Timetables

1. A sponsor adopting a selection method under §511. B.2 of this plan which determines on the basis of the analysis described in §509. E that it has deficiencies in terms of underutilization of minorities and/or women (minority and nonminority) in craft or crafts represented by the program shall include in its affirmative action plan percentage goals and timetables for admission of minorities and/or female (minority and non-minority) applicants into the eligibility pool.

2. A sponsor adopting a selection method under §511. B.4 which determines on the basis of the analysis described in Subsection E of this Section that it has deficiencies in terms of underutilization of minorities and/or women in craft or crafts represented by the program shall include in its affirmative action plan percentage goals and timetables for selecting minority and female (minority and nonminority) applicants for the apprenticeship program.

E. Underutilization

1. As used in this Paragraph, underutilization refers to a condition in which fewer minorities and/or women (minority and nonminority) are employed in the particular craft or crafts represented by the program than would be reasonably expected in view of an analysis of specific factors in §509. F 1-5 of this plan.

2. When, on the basis of the analysis, the sponsor determines that it has no deficiencies, no goals and timetables need be established. However, where no goals and timetables are established, the affirmative action plan shall include a detailed explanation why no goals and timetables have been established.

3. When the sponsor fails to submit goals and timetables as part of its affirmative action plan or submits goals and timetables which are unacceptable, and the council determines that the sponsor has deficiencies in terms of underutilization of minorities or women (minority and nonminority) within the meaning of this Paragraph, the council shall establish goals and timetables applicable to the sponsor for admission of minority and female (minority and non-minority) applicants into the eligibility pool or selection of apprentices, as appropriate. The sponsor shall make good faith efforts to attain these goals and timetables in accordance with all requirements of this Paragraph.

F. Analysis to Determine if Deficiencies Exist. This analysis shall be set forth in writing of the affirmative action plan. The sponsor's determination as to whether goals and timetables shall be established, shall be based on an analysis of at least the following factors:

1. the size of the working age minority and female (minority and nonminority) population in the program sponsor's labor market area;

2. the size of the minority and female (minority and non-minority) labor force in the program sponsor's labor market area;

3. the percentage of minority and female (minority and non-minority) participation as apprentices in the particular craft as compared with the percentage of minorities and women in the labor force in the program sponsor's labor market area;

4. the percentage of minority and female (minority and non-minority) participation as journeypersons employed by the employer or employers participating in the program as compared with the percentage of minorities and women (minority and non-minority) in the sponsor's labor market area and the extent to which the sponsor should be expected to correct any deficiencies through the achievement of goals and timetables for the selection of apprentices; and

5. the general availability of minorities and women (minority and non-minority) with present or potential capacity for apprenticeship in the program sponsor's labor market area.

G. Establishment and Attainment of Goals and Timetables. Goals and timetables shall be established on the basis of the sponsor's analyses of its underutilization of minorities and women and its entire affirmative action program. A single goal for minorities and a separate single goal for women is acceptable unless a particular group is employed in a substantially disparate manner in which case separate goals shall be established for such group. Such separate goals would be required, for example, if a specific minority group of women were underutilized even though the sponsor had achieved its standards for women generally. In establishing goals, the sponsor should consider results which could be reasonably expected from its good-faith efforts to make its overall affirmative action program work. Compliance with these requirements shall be determined by whether the sponsor has met its goals within its timetables, or failing that, whether it has made good faith efforts to meet its goals and timetables. Its good faith efforts shall be judged by whether it is following its affirmative action program and attempting to make it work, including evaluation and changes in its program where necessary to obtain maximum effectiveness toward attainment of its goals. However, in order to deal fairly with program sponsors, and with women who are entitled to protection under goals and timetables requirements, during the first 12 months after the effective date of these regulations, the program sponsor would generally be expected to set a goal for women for the entering year class at a rate which is not less than 50 percent of the proportion women represent in the workforce in the program sponsor's labor market area, and set a percentage goal for women in each class beyond the entering class which is not less than the participation rate of women currently in the preceding class. At the end of the first 12 months after the effective date of these regulations, sponsors are expected to make appropriate adjustments in goal levels. See §515. B

H. Data and Information. The director of apprenticeship shall make available to program sponsors data and information on minority and female (minority and nonminority) labor force characteristics for each standard metropolitan statistical area, and for other special areas as appropriate.

La. Admin. Code tit. 40, § IX-509

Promulgated by the Department of Labor, Office of Labor, LR 12:433 (July 1986), amended LR 17:356 (April 1991), amended by the Louisiana Workforce Commission, Office of Workforce Development, LR 37:2218 (July 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:381-391.