Current through Register Vol. 35, No. 18, September 24, 2024
A.
Pre-offer:
(1) A sponsor
adopting an affirmative action program pursuant to
11.2.2.9
NMAC must invite applicants for apprenticeship to inform the sponsor whether
the applicant believes that he or she is an individual with a disability as
defined in Subsection G of
11.2.2.7
NMAC. This invitation must be provided to each applicant when the applicant
applies or is considered for apprenticeship. The invitation may be included
with the application materials for apprenticeship, but must be separate from
the application.
(2) The sponsor
must invite an applicant to self-identify using the language and manner
prescribed by OA and published on the OA website.
B.
Post offer:
(1) At any time after acceptance into the
apprenticeship program, but before the applicant begins his or her
apprenticeship, the sponsor must invite the applicant to inform the sponsor
whether the applicant believes that he or she is an individual with a
disability as defined in Subsection G of
11.2.2.7
NMAC.
(2) The sponsor must invite
an applicant to self-identify using the language and manner prescribed by OA
and published on the OA website.
C.
Apprentices:
(1) Within the timeframe specified in
subsection H in this section, the sponsor must make a one-time invitation to
each current apprentice to inform the sponsor whether he or she is an
individual with a disability as defined in Subsection G of
11.2.2.7
NMAC. The sponsor must make this invitation using the language and manner
prescribed by OA and published on the OA website.
(2) Thereafter, the sponsor must remind
apprentices yearly that they may voluntarily update their disability
status.
D.
Voluntary self-identification for apprentices: The sponsor may not
compel or coerce an individual to self-identify as an individual with a
disability.
E.
Confidentiality: The sponsor must keep all information on
self-identification confidential, and must maintain it in a data analysis file
(rather than the medical files of individual apprentices) as required under
Subsection E of
11.2.2.17
NMAC. The sponsor must provide self-identification information to the
department upon request. Self-identification information may be used only in
accordance with this part.
F.
Affirmative action obligations: Nothing in this section may
relieve the sponsor of its obligation to take affirmative action with respect
to those applicants and apprentices of whose disability the sponsor has
knowledge.
G.
Nondiscrimination obligations: Nothing in this section may relieve
the sponsor from liability for discrimination in violation of this
part.
H.
Compliance
dates:
(1) Sponsors currently
registered with the department: A sponsor must begin inviting applicants and
apprentices to identify as individuals with disabilities, 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. A sponsor 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 Subsection G of
11.2.2.7
NMAC, no later than 180 days after the effective date of this plan or within
two years of the date of registration, whichever is later.
(2) New Sponsors: A sponsor registering with
the department after the effective date of this plan 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 Subsection G of
11.2.2.7
NMAC, no later than two years after the date of registration.
