New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 2 - JOB TRAINING
Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN
Section 11.2.2.8 - EQUAL OPPORTUNITY STANDARDS APPLICABLE TO ALL SPONSORS

(a) recruitment, outreach, and selection procedures;

(b) hiring, upgrading, periodic advancement, promotion, award of tenure, demotion, transfer, layoff, and rehiring;

(c) rotation among work processes;

(d) imposition of penalties or other disciplinary action;

(e) rates of pay or any other form of compensation and changes in compensation;

(f) conditions of work;

(g) hours of work and hours of training provided;

(h) job assignments;

(i) leaves of absence, sick leave, or any other leave; and

(j) any other benefit, term, condition, or privilege associated with apprenticeship.

(a) Race, color, religion, national origin, sex, or sexual orientation. In implementing this section, the department will look to the legal standards and defenses applied under title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and Executive Order 11246, as applicable, in determining whether a sponsor has engaged in an unlawful employment practice.

(b) Disability. With respect to discrimination based on a disability, the registration agency will apply the same standards, defenses, and exceptions to the definition of disability as those set forth in title I of the Americans with Disabilities Act (ADA), 42 U.S.C. 12112 and 12113, and the implementing regulations promulgated by the equal employment opportunity commission (EEOC) at 29 CFR part 1630, which include, among other things, the standards governing reasonable accommodation, medical examinations and disability-related inquiries, qualification standards, and direct threat defense. The interpretive guidance on title I of the ADA set out as an appendix to part 1630 issued pursuant to title I may be relied upon for guidance in complying with the nondiscrimination requirements of this part with respect to the treatment of individuals with disabilities.

(c) Age. The department will apply the same standards and defenses for age discrimination as those set forth in the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 623, and the implementing regulations promulgated by the EEOC at 29 CFR part 1625.

(d) Genetic information. The department will apply the same standards and defenses for discrimination based on genetic information as those set forth in the Genetic Information Nondiscrimination Act (GINA), 29 U.S.C. 2000ff et seq., and the implementing regulations promulgated by the EEOC at 29 CFR part 1635.

(a) monitoring all registered apprenticeship activity to ensure compliance with the nondiscrimination and affirmative action obligations required by this part;

(b) maintaining records required under this part; and

(c) generating and submitting reports as may be required by the department.

(a) publish its equal opportunity pledge as set forth in Subsection C of this section, in the apprenticeship standards required under Subsection B of 11.2.3.23 NMAC 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;

(b) post its equal opportunity pledge on bulletin boards, including through electronic media, such that it is accessible to all apprentices and applicants for apprenticeship;

(c) 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 4 of Subsection B of this section; and

(d) maintain records necessary to demonstrate compliance with these requirements and make them available to the registration agency upon request.

(a) 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;

(b) Identify a contact person, mailing address, telephone number, and email address for each recruitment source; and

(c) 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 Subsection C of this section.

(a) 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:

(b) 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;

(c) 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 11.2.2.22 NMAC.