Current through August, 2024
(a) The following
shall apply in the establishment of goals and timetables:
(1) A sponsor adopting a selection method
under section 12-31-7 or 12-31-8, which determines on the basis of the analysis
described in subsection (b) that it has deficiencies in terms of
underutilization of minorities or women, or both, in the craft or crafts
represented by the 'program, shall include in its affirmative action plan
percentage goals and timetables for the admission of minority or female
applicants, or both, into the eligibility pool;
(2) A sponsor adopting a selection method
under section 12-31-9 or 12-31-10, which determines on the basis of the
analysis described in subsection (b) that it has deficiencies in terms of the
under utilization of minorities, or women, or both, in the craft or crafts
represented by the program, shall include in its affirmative action plan
percentage goals and timetables for the selection of the underutilized groups
of applicants for the apprenticeship program;
(3) "underutilization" as used in this
chapter refers to the situation where there are fewer minorities or women, or
both, in the particular craft or crafts represented by the program than would
reasonably be expected in view of an analysis of the specific factors in
subsection (b). Where, on the basis of the analysis, the sponsor determines
that it has no deficiencies, no goals and timetables need be established.
However, the affirmative action plan shall include a detailed explanation why
no goals and timetables have been established;
(4) Where the sponsor fails to submit goals
and timetables as part of its affirmative action plan and fails to provide an
explanation thereof, or submits goals and timetables which are unacceptable,
the department shall establish goals and timetables applicable to the sponsor
for the admission of minority or female applicants, or both, 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
the requirements of this section.
(b) The sponsor's determination as to whether
goals and timetables should be established shall be based on an analysis of at
least the following factors, which analysis shall be set forth in writing as
part of the affirmative action plan:
(1) The
size of the working age minority and female population in the program sponsor's
labor market area;
(2) The size of
the minority and female labor force in the program sponsor's labor market
area;
(3) The percentage of
minority and female 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
participation as journey workers employed by the employer or employers
participating in the program as compared with the percentage of minorities and
women in the labor force 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 with present or potential capacity for apprenticeship in
the program sponsor's labor market area.
(c) The goals and timetables shall be
established on the basis of the sponsor's analyses of its underutilization of
minorites and women and its entire affirmative action program. A single goal
for minorities and a separate single goal for women are 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 was underutilized
even though the sponsor had achieved its standards for women generally. In
establishing the goals, the sponsor shall consider the 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 the maximum effectiveness toward the
attainment of its goals. However, in order to deal fairly with program
sponsors, and with women who are entitled to protection under the goals and
timetables requirements, 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
fifty per cent of the proportion women are of the workforce in the program
spansor'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 in the preceding class.
(d)
The department shall make available to program sponsors data and information on
minority and female labor force characteristics for each standard metropolitan
statistical area and for other special areas as appropriate.
