N.M. Admin. Code § 11.2.2.12

Current through Register Vol. 35, No. 24, December 23, 2024

Section 11.2.2.12 - UTILIZATION GOALS FOR INDIVIDUALS WITH DISABILITIES

A.Utilization goal: The administrator of OA has established a utilization goal of seven percent for employment of qualified individuals with disabilities as apprentices for each major occupation group within which the sponsor has an apprenticeship program.

B.Purpose: The purpose of the utilization goal is to establish a benchmark against which the sponsor must measure the representation of individuals with disabilities in the sponsor's apprentice workforce by major occupation group. The goal serves as an equal opportunity objective that should be attainable by complying with all of the affirmative action requirements of this part.

C.Periodic review of goal: The administrator of OA will periodically review and update, as appropriate, the utilization goal.

D.Utilization analysis:

(1) Purpose. The utilization analysis is designed to evaluate the representation of individuals with disabilities in the sponsor's apprentice workforce grouped by major occupation group. If individuals with disabilities are represented in the sponsor's apprentice workforce in any given major occupation group at a rate less than the utilization goal, the sponsor must take specific measures outlined in subsections E and F of this section.

(2) Apprentice workforce analysis

(a) Process. Sponsors are required to analyze the representation of individuals with disabilities within their apprentice workforce by occupation. This is a two-step process. First, as required in 11.2.2.10 NMAC, each sponsor must group all apprentices in its registered apprenticeship program according to the occupational titles represented in its registered apprenticeship program. Next, for each occupation represented, the sponsor must identify the number of apprentices with disabilities.

(b) Schedule of evaluation. The sponsor must conduct its apprentice workforce analysis at each compliance review, and again if and when three years have passed without a compliance review. This updated workforce analysis, grouped according to major occupation group, should then be compared to the utilization goal established under Subsection A of this section.

(c) Compliance date.

(i) Sponsors currently registered with the department: A sponsor must conduct its first workforce analysis, pursuant to this section, no later than 180 days after the effective date of this plan or within two years of the date of registration, whichever is later.

(ii) New sponsors: A sponsor registering with the department after the effective date of this plan must conduct its initial workforce analysis pursuant to this section no later than two years after the date of registration.

E. Identification of problem areas. When the sponsor, working with the department, determines that the percentage of individuals with disabilities in one or more major occupation groups within which a sponsor has apprentices is less than the utilization goal established in subsection A of this section, the sponsor must take steps to determine whether or where impediments to equal opportunity exist. When making this determination, the sponsor must look at the results of its assessment of personnel processes required by 11.2.2.14 NMAC and the effectiveness of its outreach and recruitment efforts required by 11.2.2.13 NMAC, if applicable.

F. Action-oriented programs. The sponsor must undertake action-oriented programs, including targeted outreach, recruitment, and retention activities identified in 11.2.2.13 NMAC, designed to correct any problem areas that the sponsor identified pursuant to its review of personnel processes and outreach and recruitment efforts.

G. Utilization goal relation to discrimination. A determination that the sponsor has not attained the utilization goal established in subsection A of this section in one or more major occupation groups does not constitute either a finding or admission of discrimination in violation of this part.

H. Utilization goal not a quota or ceiling. The utilization goal established in subsection A of this section must not be used as a quota or ceiling that limits or restricts the employment of individuals with disabilities as apprentices.

N.M. Admin. Code § 11.2.2.12

10/5/71, 8/17/78; Recompiled 11/30/01, Adopted by New Mexico Register, Volume XXIX, Issue 20, October 30, 2018, eff. 11/1/2018