Current through Register Vol. 35, No. 18, September 24, 2024
A.
Purpose: The purpose of the
utilization analysis is to provide sponsors with a method for assessing whether
possible barriers to apprenticeship exist for particular groups of individuals
by determining whether the race, sex, and ethnicity of apprentices in a
sponsor's apprenticeship program is reflective of persons available for
apprenticeship by race, sex, and ethnicity in the relevant recruitment area.
Where significant disparity exists between availability and representation, the
sponsor will be required to establish a utilization goal pursuant to
11.2.2.11
NMAC.
B.
Analysis of
apprenticeship program workforce:
(1)
Process. Sponsors must analyze the race, sex, and ethnic
composition of their apprentice workforce. This is a two-step process. First,
each sponsor must group all apprentices in its registered apprenticeship
program by occupational title. Next, for each occupation represented, the
sponsor must identify the race, sex, and ethnicity of its apprentices within
that occupation.
(2)
Schedule
of analysis. Each sponsor is required to conduct an apprenticeship
program workforce analysis at each compliance review, and again if and when
three years have passed without a compliance review. This updated workforce
analysis should be compared to the utilization goal established at the
sponsor's most recent compliance review to determine if the sponsor is
underutilized, according to the process in Subsection D of this
section.
(3)
Compliance
date.
(a) Sponsors registered with the
department as of the effective date of this plan: 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.
(b) 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.
C.
Availability analysis:
(1) The purpose of the availability analysis
is to establish a benchmark against which the demographic composition of the
sponsor's apprenticeship program can be compared in order to determine whether
barriers to equal opportunity may exist with regard to the sponsor's
apprenticeship program.
(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:
(a) 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
(b) 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 analysis at each
compliance review.
D.
Rate of utilization: To determine the rate of utilization, the
sponsor, working with the department, must group each occupational title in its
apprenticeship workforce by major occupation group and compare the racial, sex,
and ethnic representation within each major occupation group to the racial,
sex, and ethnic representation available in the relevant recruitment area, as
determined in Subsection C of this section. When the sponsor's utilization of
women, Hispanics or Latinos, or a particular racial minority group is
significantly less than would be reasonably expected given the availability of
such individuals for apprenticeship, the sponsor must establish a utilization
goal for the affected group in accordance with the procedures set forth in
11.2.2.11
NMAC. Sponsors are not required or expected to establish goals where no
significant disparity in utilization rates has been found.
