PART 30—EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP Authority: Sec. 1, 50 Stat. 664, as amended (29 U.S.C. 50; 40 U.S.C. 276c; 5 U.S.C. 301); Reorganization Plan No. 14 of 1950, 64 Stat. 1267, 3 CFR 1949-53 Comp. p. 1007. Source: 81 FR 92108, Dec. 19, 2016, unless otherwise noted. § 30.1 Purpose, applicability, and relationship to other laws. (a) Purpose. (b) Applicability. (c) Relationship to other laws. § 30.2 Definitions. For the purpose of this part: Administrator Apprentice Apprenticeship Committee (Committee) (1) A joint committee is composed of an equal number of representatives of the employer(s) and of the employees represented by a bona fide collective bargaining agent(s). (2) A non-joint committee, which may also be known as a unilateral or group non-joint (which may include employees) committee, has employer representatives but does not have a bona fide collective bargaining agent as a participant. Apprenticeship program Department Direct threat (1) The duration of the risk; (2) The nature and severity of the potential harm; (3) The likelihood that the potential harm will occur; and (4) The imminence of the potential harm. Disability 1 1 (1) A physical or mental impairment that substantially limits one or more major life activities of such individual; (2) A record of such an impairment; or (3) Being regarded as having such an impairment. EEO Electronic media Employer Ethnicity, (1) Hispanic or Latino—A person of Cuban, Mexican, Puerto Rican, Cuban, South or Central American, or other Spanish culture or origin, regardless of race. (2) Not Hispanic or Latino Genetic information (1) Information about— (i) An individual's genetic tests; (ii) The genetic tests of that individual's family members; (iii) The manifestation of disease or disorder in family members of the individual (family medical history); (iv) An individual's request for, or receipt of, genetic services, or the participation in clinical research that includes genetic services by the individual or a family member of the individual; or (v) The genetic information of a fetus carried by an individual or by a pregnant woman who is a family member of the individual and the genetic information of any embryo legally held by the individual or family member using an assisted reproductive technology. (2) Genetic information does not include information about the sex or age of the individual, the sex or age of family members, or information about the race or ethnicity of the individual or family members that is not derived from a genetic test. 2 2 Journeyworker Major life activities Office of Apprenticeship (OA) Physical or mental impairment (1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or (2) Any mental or psychological disorder, such as intellectual disability (formerly termed “mental retardation”), organic brain syndrome, emotional or mental illness, and specific learning disabilities. Pre-apprenticeship program Qualified applicant or apprentice Race, (1) White—A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. (2) Black or African American—A person having origins in any of the black racial groups of Africa. (3) Native Hawaiian or Other Pacific Islander—A person having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific Islands. (4) Asian—A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian Subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. (5) American Indian or Alaska Native—A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Reasonable accommodation reasonable accommodation (i) Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or (ii) Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or (iii) Modifications or adjustments that enable a sponsor's apprentice with a disability to enjoy equal benefits and privileges of apprenticeship as are enjoyed by its other similarly situated apprentices without disabilities. (2) Reasonable accommodation (i) Making existing facilities used by apprentices readily accessible to and usable by individuals with disabilities; and (ii) Job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies; the provision of qualified readers or interpreters; and other similar accommodations for individuals with disabilities. (3) To determine the appropriate reasonable accommodation it may be necessary for the sponsor to initiate an informal, interactive process with the qualified individual in need of the accommodation. This process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations. Registration Agency Selection procedure Sponsor State Apprenticeship Agency Undue hardship In general. (2) Factors to be considered. (i) The nature and net cost of the accommodation needed under this part, taking into consideration the availability of tax credits and deductions, and/or outside funding; (ii) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility, and the effect on expenses and resources; (iii) The overall financial resources of the sponsor, the overall size of the registered apprenticeship program with respect to the number of apprentices, and the number, type and location of its facilities; (iv) The type of operation or operations of the sponsor, including the composition, structure and functions of the workforce of such entity, and the geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the sponsor; and (v) The impact of the accommodation upon the operation of the facility, including the impact on the ability of other apprentices to perform their duties and the impact on the facility's ability to conduct business. § 30.3 Equal opportunity standards applicable to all sponsors. (a)(1) Discrimination prohibited. (i) Recruitment, outreach, and selection procedures; (ii) Hiring and/or placement, upgrading, periodic advancement, promotion, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; (iii) Rotation among work processes; (iv) Imposition of penalties or other disciplinary action; (v) Rates of pay or any other form of compensation and changes in compensation; (vi) Conditions of work; (vii) Hours of work and hours of training provided; (viii) Job assignments; (ix) Leaves of absence, sick leave, or any other leave; and (x) Any other benefit, term, condition, or privilege associated with apprenticeship. (2) Discrimination standards and defenses. Race, color, religion, national origin, sex, or sexual orientation. et seq. (ii) Disability. (iii) Age. (iv) Genetic information. et seq. (b) General duty to engage in affirmative action. (1) Assignment of responsibility. (i) Monitoring all registered apprenticeship activity to ensure compliance with the nondiscrimination and affirmative action obligations required by this part; (ii) Maintaining records required under this part; and (iii) Generating and submitting reports as may be required by the Registration Agency. (2) Internal dissemination of equal opportunity policy. (i) Publish its equal opportunity pledge—set forth in paragraph (c) of this section—in the apprenticeship standards required under § 29.5(b) of this title, and in appropriate publications, such as apprentice and employee handbooks, policy manuals, newsletters, or other documents disseminated by the sponsor or that otherwise describe the nature of the sponsorship; (ii) Post its equal opportunity pledge from paragraph (c) of this section on bulletin boards, including through electronic media, such that it is accessible to all apprentices and applicants for apprenticeship; (iii) Conduct orientation and periodic information sessions for individuals connected with the administration or operation of the apprenticeship program, including all apprentices and journeyworkers who regularly work with apprentices, to inform and remind such individuals of the sponsor's equal employment opportunity policy with regard to apprenticeship, and to provide the training required by paragraph (b)(4)(i) of this section; and (iv) Maintain records necessary to demonstrate compliance with these requirements and make them available to the Registration Agency upon request. (3) Universal outreach and recruitment. (i) Develop and update annually a list of current recruitment sources that will generate referrals from all demographic groups within the relevant recruitment area. Examples of relevant recruitment sources include: The public workforce system's One-Stop Career Centers and local workforce investment boards; community-based organizations; community colleges; vocational, career and technical schools; pre-apprenticeship programs; and Federally-funded, youth job-training programs such as YouthBuild and Job Corps or their successors; (ii) Identify a contact person, mailing address, telephone number, and email address for each recruitment source; and (iii) Provide recruitment sources advance notice, preferably 30 days, of apprenticeship openings so that the recruitment sources can notify and refer candidates. Such notification must also include documentation of the sponsor's equal opportunity pledge specified in paragraph (c) of this section. (4) Maintaining apprenticeship programs free from harassment, intimidation, and retaliation. (i) Providing anti-harassment training to all individuals connected with the administration or operation of the apprenticeship program, including all apprentices and journeyworkers who regularly work with apprentices. This training must not be a mere transmittal of information, but must include participation by trainees, such as attending a training session in person or completing an interactive training online. The training content must include, at a minimum, communication of the following: (A) That harassing conduct will not be tolerated; (B) The definition of harassment and the types of conduct that constitute unlawful harassment on the basis of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, and disability; and (C) The right to file a harassment complaint under § 30.14 of this part. (ii) Making all facilities and apprenticeship activities available without regard to race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability except that if the sponsor provides restrooms or changing facilities, the sponsor must provide separate or single-user restrooms and changing facilities to assure privacy between the sexes; (iii) Establishing and implementing procedures for handling and resolving complaints about harassment and intimidation based on race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, and disability, as well as complaints about retaliation for engaging in protected activity described in § 30.17 of this part. (5) Compliance with Federal and State equal employment opportunity laws. (c) Equal opportunity pledge. [Name of sponsor] will not discriminate against apprenticeship applicants or apprentices based on race, color, religion, national origin, sex (including pregnancy and gender identity), sexual orientation, genetic information, or because they are an individual with a disability or a person 40 years old or older. [Name of 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. (2) The nondiscrimination bases listed in this pledge may be broadened to conform to consistent State and local requirements. Sponsors may include additional protected bases but may not exclude any of the bases protected by this part. (d) Compliance. (2) New sponsors: A sponsor registering with a Registration Agency after the effective date of this regulation shall comply with all obligations of this section upon registration or 180 days after the effective date of this regulation, whichever is later. [81 FR 92108, Dec. 19, 2016, as amended at 84 FR 3301, Feb. 12, 2019] § 30.4 Affirmative action programs. (a) Definition and purpose. (1) An affirmative action program is designed to ensure equal opportunity and prevent discrimination in apprenticeship programs. An affirmative action program is more than mere passive nondiscrimination. Such a program requires the sponsor to take affirmative steps to encourage and promote equal opportunity, to create an environment free from discrimination, and to address any barriers to equal opportunity in apprenticeship. An affirmative action program is more than a paperwork exercise. It includes those policies, practices, and procedures, including self-analyses, that the sponsor implements to ensure that all qualified applicants and apprentices are receiving an equal opportunity for recruitment, selection, advancement, retention and every other term and privilege associated with apprenticeship. An affirmative action program should be a part of the way the sponsor regularly conducts its apprenticeship program. (2) A central premise underlying affirmative action is that, absent discrimination, over time a sponsor's apprenticeship program, generally, will reflect the sex, race, ethnicity, and disability profile of the labor pools from which the sponsor recruits and selects. Consistent with this premise, affirmative action programs contain a diagnostic component which includes quantitative analyses designed to evaluate the composition of the sponsor's apprenticeship program and compare it to the composition of the relevant labor pools. If women, individuals with disabilities, or individuals from a particular minority group, for example, are not being admitted into apprenticeship at a rate to be expected given their availability in the relevant labor pool, the sponsor's affirmative action program must include specific, practical steps designed to address any barriers to equal opportunity that may be contributing to this underutilization. (3) Effective affirmative action programs include internal auditing and reporting systems as a means of measuring the sponsor's progress toward achieving an apprenticeship program that would be expected absent discrimination. (4) An affirmative action program also ensures equal opportunity in apprenticeship by incorporating the sponsor's commitment to equality in every aspect of the apprenticeship program. Therefore, as part of its affirmative action program, a sponsor must monitor and examine its employment practices, policies and decisions and evaluate the impact such practices, policies and decisions have on the recruitment, selection and advancement of apprentices. It must evaluate the impact of its employment and personnel policies on minorities, women, and persons with disabilities, and revise such policies accordingly where such policies or practices are found to create a barrier to equal opportunity. (5) The commitments contained in an affirmative action program are not intended and must not be used to discriminate against any qualified applicant or apprentice on the basis of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability. (b) Adoption of affirmative action programs. (c) Contents of affirmative action programs. (1) Utilization analysis for race, sex, and ethnicity, as described in § 30.5; (2) Establishment of utilization goals for race, sex, and ethnicity, as described in § 30.6; (3) Utilization goals for individuals with disabilities, as described in § 30.7; (4) Targeted outreach, recruitment, and retention, as described in § 30.8; (5) Review of personnel processes, as described in § 30.9; and (6) Invitations to self-identify, as described in § 30.11 (d) Exemptions Programs with fewer than five apprentices. (2) Programs subject to approved equal employment opportunity programs. et seq. Provided, (e) Written affirmative action plans. (1) Compliance Apprenticeship programs existing as of (ii) Apprenticeship programs registered after January 18, 2017. The initial written affirmative action plan for such programs must be completed within two years of registration. The written affirmative action plan for such programs must be updated every time the sponsor completes workforce analyses required by §§ 30.5(b) and 30.7(d)(2). § 30.5 Utilization analysis for race, sex, and ethnicity. (a) Purpose. (b) Analysis of apprenticeship program workforce Process. (2) Schedule of analyses. (3) Compliance date. (ii) New sponsors: A sponsor registering with a Registration Agency after the effective date of the Final Rule must conduct its initial workforce analysis pursuant to this section no later than two years after the date of registration. (c) Availability analysis (2) Availability is an estimate of the number of qualified individuals available for apprenticeship by race, sex, and ethnicity expressed as a percentage of all qualified persons available for apprenticeship in the sponsor's relevant recruitment area. (3) In determining availability, the following factors must be considered for each major occupation group represented in the sponsor's registered apprenticeship program standards: (i) The percentage of individuals who are eligible for enrollment in the apprenticeship program. within the sponsor's relevant recruitment area broken down by race, sex, and ethnicity; and (ii) The percentage of the sponsor's employees who are eligible for enrollment in the apprenticeship program broken down by race, sex, and ethnicity. (4) In determining availability, the relevant recruitment area is defined as the geographical area from which the sponsor usually seeks or reasonably could seek apprentices. The sponsor must identify the relevant recruitment area in its written affirmative action plan. The sponsor may not draw its relevant recruitment area in such a way as to have the effect of excluding individuals based on race, sex, or ethnicity from consideration, and must develop a brief rationale for selection of that recruitment area. (5) Availability will be derived from the most current and discrete statistical information available. Examples of such information include census data, data from local job service offices, and data from colleges or other training institutions. (6) Sponsors, working with the Registration Agency, will conduct availability analyses at each compliance review. (d) Rate of utilization. § 30.6 Establishment of utilization goals for race, sex, and ethnicity. (a) Where, pursuant to § 30.5, a sponsor is required to establish a utilization goal for a particular racial, sex, or ethnic group in a major occupation group in its apprenticeship program, the sponsor, working with the Registration Agency, must establish a percentage goal at least equal to the availability figure derived under § 30.5(c) for that major occupation group. (b) A sponsor's determination under § 30.5 that a utilization goal is required constitutes neither a finding nor an admission of discrimination. (c) Utilization goals serve as objectives or targets reasonably attainable by means of applying every good faith effort to make all aspects of the entire affirmative action program work. Utilization goals are used to measure the effectiveness of the sponsor's outreach, recruitment, and retention efforts. (d) In establishing utilization goals, the following principles apply: (1) Utilization goals may not be rigid and inflexible quotas, which must be met, nor are they to be considered either a ceiling or a floor for the selection of particular groups as apprentices. Quotas are expressly forbidden. (2) Utilization goals may not provide a sponsor with a justification to extend a preference to any individual, select an individual, or adversely affect an individual's status as an apprentice, on the basis of that person's race, sex, or ethnicity. (3) Utilization goals do not create set-asides for specific groups, nor are they intended to achieve proportional representation or equal results. (4) Utilization goals may not be used to supersede eligibility requirements for apprenticeship. Affirmative action programs prescribed by the regulations of this part do not require sponsors to select a person who lacks qualifications to participate in the apprenticeship program successfully, or select a less-qualified person in preference to a more qualified one. § 30.7 Utilization goals for individuals with disabilities. (a) Utilization goal. (b) Purpose. (c) Periodic review of goal. (d) Utilization analysis Purpose. (2) Apprentice workforce analysis Process. (ii) Schedule of evaluation. (iii) Compliance date. (B) New sponsors: A sponsor registering with a Registration Agency after January 18, 2017 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. (f) Action-oriented programs. (g) Utilization goal relation to discrimination. (h) Utilization goal not a quota or ceiling. § 30.8 Targeted outreach, recruitment, and retention. (a) Minimum activities required. (1) Set forth in its written affirmative action plan the specific targeted outreach, recruitment, and retention activities it plans to take for the upcoming program year. Such activities must include at a minimum: (i) Dissemination of information to organizations serving the underutilized group regarding the nature of apprenticeship, requirements for selection for apprenticeship, availability of apprenticeship opportunities, and the equal opportunity pledge of the sponsor. These organizations may include: Community-based organizations; local high schools; local community colleges; local vocational, career and technical schools; and local workforce system partners including One Stop Career Centers; (ii) Advertising openings for apprenticeship opportunities by publishing advertisements in appropriate media which have wide circulation in the relevant recruitment areas; (iii) Cooperation with local school boards and vocational education systems to develop and/or establish relationships with pre-apprenticeship programs targeting students from the underutilized group to prepare them to meet the standards and criteria required to qualify for entry into apprenticeship programs; and (iv) Establishment of linkage agreements or partnerships enlisting the assistance and support of pre-apprenticeship programs, community-based organizations, advocacy organizations, or other appropriate organizations, in recruiting qualified individuals for apprenticeship; (2) Evaluate and document after every selection cycle for registering apprentices the overall effectiveness of such activities; (3) Refine its targeted outreach, recruitment, and retention activities as needed; and (4) Maintain records of its targeted outreach, recruitment, and retention activities and records related to its evaluation of these activities. (b) Other activities. (1) Enlisting the use of journeyworkers from the underutilized group or groups to assist in the implementation of the sponsor's affirmative action program; (2) Enlisting the use of journeyworkers from the underutilized group or groups to mentor apprentices and to assist with the sponsor's targeted outreach and recruitment activities; and (3) Conducting exit interviews of each apprentice who leaves the sponsor's apprenticeship program prior to receiving a certificate of completion to understand better why the apprentice is leaving the program and to help shape the sponsor's retention activities. § 30.9 Review of personnel processes. (a) As part of its affirmative action program, the sponsor must, for each registered apprenticeship program, engage in an annual review of its personnel processes related to the administration of the apprenticeship program to ensure that the sponsor is operating an apprenticeship program free from discrimination based on race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, and disability. This annual review is required regardless of whether the sponsor is underutilized as described in § 30.5(d). The review must be a careful, thorough, and systematic one and include review of all aspects of the apprenticeship program at the program, industry and occupation level, including, but not limited to, the qualifications for apprenticeship, application and selection procedures, wages, outreach and recruitment activities, advancement opportunities, promotions, work assignments, job performance, rotations among all work processes of the occupation, disciplinary actions, handling of requests for reasonable accommodations, and the program's accessibility to individuals with disabilities (including to the use of information and communication technology). The sponsor must make any necessary modifications to its program to ensure that its obligations under this part are met. (1) Compliance date. (ii) New sponsors: A sponsor registering with a Registration Agency after the effective date of this regulation shall comply with the obligations of paragraph (a) of this section within two years after the date of registration. (2) [Reserved] (b) The sponsor must include a description of its review in its written affirmative action plan and identify in the written plan any modifications made or to be made to the program as a result of its review. § 30.10 Selection of apprentices. (a) A sponsor's procedures for selection of apprentices must be included in the written plan for Standards of Apprenticeship submitted to and approved by the Registration Agency, as required under § 29.5 of this title. (b) Sponsors may utilize any method or combination of methods for selection of apprentices, provided that the selection method(s) used meets the following requirements: (1) The use of the selection procedure(s) must comply with the Uniform Guidelines on Employee Selection Procedures (UGESP) (41 CFR part 60-3), including the requirements to evaluate the impact of the selection procedure on race, sex, and ethnic groups (Hispanic or Latino/non-Hispanic or Latino) and to demonstrate job-relatedness and business necessity for those procedures that result in adverse impact in accordance with the requirements of UGESP. (2) The selection procedure(s) must be uniformly and consistently applied to all applicants and apprentices within each selection procedure utilized. (3) The selection procedure(s) must comply with title I of the ADA and EEOC's implementing regulations at part 1630. This 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 program sponsor, is shown to be job-related for the position in question and is consistent with business necessity. (4) The selection procedure(s) must be facially neutral in terms of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, and disability. § 30.11 Invitation to self-identify as an individual with a disability. (a) Pre-offer. (2) The sponsor must invite an applicant to self-identify as required in paragraph (a) of this section using the language and manner prescribed by the Administrator and published on the OA Web site. (b) Post offer. (2) The sponsor must invite an applicant to self-identify as required in paragraph (b) of this section using the language and manner prescribed by the Administrator and published on the OA Web site. (c) Apprentices. (2) Thereafter, the sponsor must remind apprentices yearly that they may voluntarily update their disability status. (d) Voluntary self-identification for apprentices. (e) Confidentiality. (f) Affirmative action obligations. (g) Nondiscrimination obligations. (h) Compliance dates. (2) New sponsors: A sponsor registering with a Registration Agency after the effective date of this Final Rule must begin inviting applicants and apprentices to identify as individuals with disabilities, pursuant to this section, no later than two years after the date of registration. A sponsor covered by this subparagraph must also invite each of its current apprentices to voluntarily inform the sponsor whether the apprentice believes that he or she is an individual with a disability, as defined in § 30.2, no later than two years after the date of registration. § 30.12 Recordkeeping. (a) General obligation. (1) Selection for apprenticeship, including applications, tests and test results, interview notes, bases for selection or rejection, and any other records required to be maintained under UGESP; (2) The invitation to self-identify as an individual with a disability; (3) Information relative to the operation of the apprenticeship program, including but not limited to job assignments in all components of the occupation as required under § 29.5(b)(3) of this title, promotion, demotion, transfer, layoff, termination, rates of pay, other forms of compensation, conditions of work, hours of work, hours of training provided, and any other personnel records relevant to EEO complaints filed with the Registration Agency under § 30.14 or with other enforcement agencies; (4) Compliance with the requirements of § 30.3; (5) Requests for reasonable accommodation; and (6) Any other records pertinent to a determination of compliance with these regulations, as may be required by the Registration Agency. (b) Sponsor identification of record. (c) Affirmative action programs. (d) Maintenance of records. (e) Confidentiality and use of medical information. (i) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the applicant or apprentice and necessary accommodations; (ii) First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and (iii) Government officials engaged in enforcing this part, the laws administered by OFCCP, or the ADA, must be provided relevant information on request. (2) Information obtained under this part regarding the medical condition or history of any applicant or apprentice may not be used for any purpose inconsistent with this part. (f) Access to records. § 30.13 Equal employment opportunity compliance reviews. (a) Conduct of compliance reviews. (b) Notification of compliance review findings. (1) The deficiency(ies) identified; (2) How to remedy the deficiency(ies); (3) The timeframe within which the deficiency(ies) must be corrected; and (4) Enforcement actions may be undertaken if compliance is not achieved within the required timeframe. (c) Compliance. (i) A specific commitment, in writing, to correct or remediate identified deficiency(ies) and area(s) of noncompliance; (ii) The precise actions to be taken for each deficiency identified; (iii) The time period within which the cited deficiency(ies) will be remedied and any corrective program changes implemented; and (iv) The name of the individual(s) responsible for correcting each deficiency identified. (2) Upon the Registration Agency's approval of the compliance action plan, the sponsor may be considered in compliance with this part provided that the compliance action plan is implemented. (d) Enforcement actions. § 30.14 Complaints. (a) Requirements for individuals filing complaints Who may file. (2) Time period for filing a complaint. (3) Contents of the complaint. (i) The complainant's name, address and telephone number, or other means for contacting the complainant; (ii) The identity of the respondent (the individual or entity that the complainant alleges is responsible for the discrimination); (iii) A short description of the events that the complainant believes were discriminatory, including but not limited to when the events took place, what occurred, and why complainant believes the actions were discriminatory (for example, because of his or her race, color, religion, sex, sexual orientation, national origin, age (40 or older), genetic information, or disability). (iv) The complainant's signature or the signature of the complainant's authorized representative. (b) Requirements of sponsors. Your Right to Equal Opportunity It is against the law for a sponsor of an apprenticeship program registered for Federal purposes to discriminate against an apprenticeship applicant or apprentice based on race, color, religion, national origin, sex, sexual orientation, age (40 years or older), genetic information, or disability. The sponsor must ensure equal opportunity with regard to all terms, conditions, and privileges associated with apprenticeship. If you think that you have been subjected to discrimination, you may file a complaint within 300 days from the date of the alleged discrimination or failure to follow the equal opportunity standards with [INSERT NAME OF REGISTRATION AGENCY, ADDRESS, PHONE NUMBER, EMAIL ADDRESS, AND CONTACT NAME OF INDIVIDUAL AT THE REGISTRATION AGENCY WHO IS RESPONSIBLE FOR RECEIVING COMPLAINTS]. You may also be able to file complaints directly with the EEOC, or State fair employment practices agency. If those offices have jurisdiction over the sponsor/employer, their contact information is listed below. [INSERT CONTACT INFORMATION FOR EEOC AS PROVIDED ON “EEO IS THE LAW POSTER,” AND CONTACT INFORMATION FOR STATE FEPA AS PROVIDED ON STATE FEPA POSTER, AS APPLICABLE] Each complaint filed must be made in writing and include the following information: 1. Complainant's name, address and telephone number, or other means for contacting the complainant; 2. The identity of the respondent ( i.e. 3. A short description of the events that the complainant believes were discriminatory, including but not limited to when the events took place, what occurred, and why the complainant believes the actions were discriminatory (for example, because of his/her race, color, religion, sex, sexual orientation, national origin, age (40 or older), genetic information, or disability); 4. The complainant's signature or the signature of the complainant's authorized representative. (c) Requirements of the Registration Agency Conduct investigations. (i) Provide written notice to the complainant acknowledging receipt of the complaint; (ii) Contact the complainant, if the complaint form is incomplete, to obtain full information necessary to initiate an investigation; (iii) Initiate an investigation upon receiving a complete complaint; (iv) Complete a thorough investigation of the allegations of the complaint and develop a complete case record that must contain, but is not limited to, the name, address, and telephone number of each person interviewed, the interview statements, copies, transcripts, or summaries (where appropriate) of pertinent documents, and a narrative report of the investigation with references to exhibits and other evidence which relate to the alleged violations; and (v) Provide written notification of the Registration Agency's findings to both the respondent and the complainant. (2) Seek compliance. (3) Referrals to other EEO agencies. (i) The EEOC; (ii) The United States Attorney General; (iii) The Department's OFCCP; or (iv) For an SAA, to its Fair Employment Practices Agency. (4) Alternative complaint procedures. § 30.15 Enforcement actions. Where the Registration Agency, as a result of a compliance review, complaint investigation, or other reason, determines that the sponsor is not operating its apprenticeship program in accordance with this part, the Registration Agency must notify the sponsor in writing of the specific violation(s) identified and may: (a) Offer the sponsor technical assistance to promote compliance with this part. (b) Suspend the sponsor's right to register new apprentices if the sponsor fails to implement a compliance action plan to correct the specific violation(s) identified within 30 business days from the date the sponsor is so notified of the violation(s), or, if the sponsor submits a written response to the findings of noncompliance, fails to implement a compliance action plan within 30 days of receiving the Registration Agency's notice upholding its initial noncompliance findings. If the sponsor has not implemented a compliance action plan within 30 business days of notification of suspension, the Registration Agency may institute proceedings to deregister the program in accordance with the deregistration proceedings set forth in part 29 of this chapter, or if the Registration Agency does not institute such proceedings within 45 days of the start of the suspension, the suspension is lifted. (c) Take any other action authorized by law. These other actions may include, but are not limited to: (1) Referral to the EEOC; (2) Referral to an appropriate State fair employment practice agency; or (3) Referral to the Department's OFCCP. § 30.16 Reinstatement of program registration. An apprenticeship program that has been deregistered pursuant to this part may be reinstated by the Registration Agency upon presentation of adequate evidence that the apprenticeship program is operating in accordance with this part. § 30.17 Intimidation and retaliation prohibited. (a) A participant in an apprenticeship program may not be intimidated, threatened, coerced, retaliated against, or discriminated against because the individual has: (1) Filed a complaint alleging a violation of this part; (2) Opposed a practice prohibited by the provisions of this part or any other Federal or State equal opportunity law; (3) Furnished information to, or assisted or participated in any manner, in any investigation, compliance review, proceeding, or hearing under this part or any Federal or State equal opportunity law; or (4) Otherwise exercised any rights and privileges under the provisions of this part. (b) Any sponsor that permits such intimidation or retaliation in its apprenticeship program, including by participating employers, and fails to take appropriate steps to prevent such activity will be subject to enforcement action under § 30.15. § 30.18 State apprenticeship agencies. (a) State plan. (i) Includes, at a minimum, draft State apprenticeship authorizing language corresponding to the requirements of this part; and (ii) Requires all apprenticeship programs registered with the State for Federal purposes to comply with the requirements of the State's EEO plan within 180 days from the date that OA provides written approval of the State EEO plan submitted under this paragraph (a)(1). (2) Upon receipt of the State's EEO plan, OA will review the plan to determine if the plan conforms to this part. OA will: (i) Grant the SAA continued recognition during this review period; (ii) Provide technical assistance to facilitate conformity, and provide written notification of the areas of nonconformity, if any; and (iii) Upon successful completion of the review process, notify the SAA of OA's determination that the State's EEO plan conforms to this part. (3) If the State does not submit a revised State EEO plan that addresses identified non-conformities within 90 days from the date that OA provides the SAA with written notification of the areas of nonconformity, OA will begin the process set forth in § 29.14 of this title to rescind recognition of the SAA. (4) An SAA that seeks to obtain or maintain recognition must obtain the Administrator's written concurrence in any proposed State EEO plan, as well as any subsequent modification to that plan, as provided in § 29.13(b)(9) of this title. (b) Recordkeeping requirements. (c) Retention of authority. (1) Conduct compliance reviews of all registered apprenticeship programs; (2) Conduct complaint investigations of any program sponsor to determine whether an apprenticeship program registered for Federal purposes is operating in accordance with this part; (3) Deregister for Federal purposes an apprenticeship program registered with a recognized SAA as provided in §§ 29.8(b) and 29.10 of this chapter; and (4) Refer any matter pertaining to paragraph (c)(1) or (2) of this section to the following: (i) The EEOC or the U.S. Attorney General with a recommendation for the institution of an enforcement action under title VII of the Civil Rights Act of 1964, as amended; the ADEA; GINA, or title I of the ADA; (ii) The Department's OFCCP with a recommendation for the institution of agency action under Executive Order 11246; or section 503 of the Rehabilitation Act of 1973, as amended; or (iii) The U.S. Attorney General for other action as authorized by law. (d) Derecognition. § 30.19 Exemptions. Requests for exemption from these regulations, or any part thereof, must be made in writing to the Registration Agency and must contain a statement of reasons supporting the request. Exemptions may be granted for good cause by the Registration Agency. State Apprenticeship Agencies must receive approval to grant an exemption from the Administrator, prior to granting an exemption from these regulations.