(a) No building and construction trades apprenticeship program shall discriminate against any apprentice or applicant for apprenticeship on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, or sexual orientation with regard to all of the following: (1) Recruitment, outreach, and selection procedures. (2) Hiring or placement, upgrading, periodic advancement, promotion, demotion, transfer, layoff, termination, right of return from layoff, and rehiring. (3) Rotation among work processes. (4) Imposition of penalties or other disciplinary action. (5) Rates of pay or any other form of compensation and changes in compensation. (6) Conditions of work. (7) Hours of work and hours of training provided. (8) Job assignments. (9) Leaves of absence, sick leave, or any other leave. (10) Any other benefit, term, condition, or privilege associated with apprenticeship. (b) In implementing this section, the division and the Administrator of Apprenticeship shall look to the legal standards, defenses, and exceptions applied under the California Fair Employment and Housing Act, its implementing regulations, and any interpretive guidance issued by the Civil Rights Department in determining whether a building and construction trades apprenticeship program has engaged in a practice prohibited by subdivision (a). (c) Each building and construction trades apprenticeship program shall take affirmative steps to provide equal opportunity in apprenticeship, including: (1) The apprenticeship program shall designate one or more individuals with appropriate authority under the program, such as an apprenticeship coordinator, to be responsible and accountable for overseeing the programâs commitment to equal opportunity in apprenticeship. The designees shall have the resources of, support of, and access to, the apprenticeship program leadership, to ensure effective implementation. The designees will be responsible for all of the following: (A) Monitoring all apprenticeship activity to ensure compliance with the nondiscrimination obligations required by this section. (B) Maintaining records required under this section. (C) Generating and submitting reports as may be required by the division. (2) The apprenticeship program shall inform all applicants for apprenticeship, apprentices, instructors, and employees of the apprenticeship program of its commitment to equal opportunity. The apprenticeship program shall require that apprentices, instructors, and employees of the apprenticeship program take the necessary action to aid the apprenticeship program in meeting its nondiscrimination obligations under this section. The apprenticeship program, at a minimum, shall do all of the following: (A) Publish its equal opportunity pledge set forth in subdivision (c) in the programâs apprenticeship standards, and in appropriate publications, such as apprentice and employee handbooks, policy manuals, newsletters, or other documents disseminated by the apprenticeship program that otherwise describe the nature of the program. (B) Post its equal opportunity pledge set forth in subdivision (c) on bulletin boards, including through electronic media, such that it is accessible to apprentices and applicants for apprenticeship. (C) Conduct orientation and periodic information sessions for apprentices, instructors, and employees of the apprenticeship program to inform and remind such individuals of the apprenticeship programâs equal employment opportunity policy, and to provide the training required by subparagraph (A) of paragraph (4). (D) Provide annual notice to any contractor that employs apprentices of the apprenticeship programâs commitment to equal opportunity and the contractorâs obligation to ensure that apprentices it employs are not
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