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09.12.42.00.htm 09.12.42.00. Title 09 MARYLAND DEPARTMENT OF LABOR Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 42 Equal Employment Opportunity Authority: Labor and Employment Article, §11-405, Annotated Code of Maryland
09.12.42.01.htm 09.12.42.01. 01 Scope and Purpose.. A. Scope.. 1) Except as provided in COMAR 09.01.12.01C, these regulations do not apply to youth apprenticeship under Apprenticeship Maryland.2) These regulations set forth policies and procedures to promote equality of opportunity in apprenticeship programs registered with the Maryland Apprenticeship and Training Council.3) These policies and procedures apply to the recruitment and selection of apprentices, and to all conditions of employment a
09.12.42.02.htm 09.12.42.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Apprenticeship program" means a program registered with the Maryland Apprenticeship and Training Council and evidenced by a certificate of registration or other appropriate document as meeting the apprenticeship standards of the Council.2) "Council" means the Maryland Apprenticeship and Training Council.. 3) "Employer" means any person or organization emp
09.12.42.03.htm 09.12.42.03. 03 Equal Opportunity Standards.. A. Obligation of Sponsors. Each sponsor of an apprenticeship program shall:. 1) Recruit, select, employ, and train apprentices during their apprenticeship without discrimination based on political or religious opinion or affiliation, marital status, race, color, creed, national origin, sex, or age, unless sex or age constitutes a bona fide occupational qualification, or the physical or mental disability of a qualified individual with a disability;
09.12.42.04.htm 09.12.42.04. 04 Affirmative Action Plans.. A. Adoption of Affirmative Action Plans. A sponsor's commitment to equal opportunity in recruitment, selection, employment, and training of apprentices shall include the adoption of a written affirmative action plan.B. Definition of Affirmative Action. Affirmative action is not mere passive nondiscrimination. It includes procedures, methods, and programs for the identification, positive recruitment, training, and motivation of present an
09.12.42.05.htm 09.12.42.05. 05 Selection of Apprentices.. A. Obligation of Sponsors. In addition to the development of a written affirmative action plan to ensure that minorities and women have an equal opportunity for selection as apprentices and otherwise ensure the prompt achievement of full and equal opportunity in apprenticeship, each sponsor shall further provide in its affirmative action program that the selection of apprentices shall be made under one of the methods specified in §B(1)4) of this
09.12.42.06.htm 09.12.42.06. 06 Existing List of Eligibles and Public Notice.. A. A sponsor adopting a selection method under Regulation .05B(1) or (2) of this chapter, and a sponsor adopting a selection method under Regulation .05B(4) who determines that there are fewer minorities and women (minority and nonminority) on its existing lists of eligibles than would reasonably be expected in view of the analysis described in Regulation .04E of this chapter shall discard all existing eligibility lists u
09.12.42.07.htm 09.12.42.07. 07 Records.. A. Obligations of Sponsors. Each sponsor shall keep adequate records including a summary of the qualifications of each applicant; the basis for evaluation and for selection or rejection of each applicant; the records pertaining to interviews of applicants; the original application for each applicant; information relative to the operation of the apprenticeship program, including but not limited to job assignment, promotion, demotion, layoff, or te
09.12.42.08.htm 09.12.42.08. 08 Compliance Reviews.. A. Conduct of Compliance Reviews. The Council will regularly conduct systematic reviews of apprenticeship programs in order to determine the extent to which sponsors are complying with these regulations and will also conduct compliance reviews when circumstances, including receipt of complaints not referred to a private review body pursuant to Regulation .10B(1) of this chapter, so warrant, and take appropriate action regarding programs which are
09.12.42.09.htm 09.12.42.09. 09 Noncompliance with Federal and State Equal Opportunity Requirements.. A pattern or practice of noncompliance by a sponsor (or when the sponsor is a joint apprenticeship committee, by one of the parties represented on this committee) with federal and State laws or regulations requiring equal opportunity may be grounds for the imposition of sanctions in accordance with Regulation .12 of this chapter if this noncompliance is related to the equal employment opportunity
09.12.42.10.htm 09.12.42.10. 10 Complaint Procedure.. A. Filing.. 1) Any apprentice or applicant for apprenticeship who believes that he or she has been discriminated against on the basis of political or religious opinion or affiliation, marital status, race, color, creed, national origin, sex, or age, unless sex or age constitutes a bona fide occupational qualification, or the physical or mental disability of a qualified individual with a disability with regard to apprenticeship or that the equal opportunity s
09.12.42.11.htm 09.12.42.11. 11 Adjustments in Schedule for Compliance Review or Complaint Processing.. If, in the judgment of the Council, a particular situation warrants and requires special processing and either expedited or extended determination, it shall take the steps necessary to permit this determination if it finds that no person or party affected by the determination will be prejudiced by the special processing.
09.12.42.12.htm 09.12.42.12. 12 Sanctions.. A. When the Council, as a result of a compliance review or other reason, determines that there is reasonable cause to believe that an apprenticeship program is not operating in accordance with this chapter and voluntary corrective action has not been taken by the program sponsor, the Council shall institute proceedings to deregister the program or it shall refer the matter to the Attorney General for the institution of a court action as authorized by law.
09.12.42.13.htm 09.12.42.13. 13 Reinstatement of Program Registration.. Any apprenticeship program deregistered pursuant to this chapter may be reinstated upon presentation of adequate evidence to the Council that the apprenticeship program is operating in accordance with this chapter.
09.12.42.14.htm 09.12.42.14. 14 Hearings.. A. Procedure for Hearings.. 1) Within 10 days after receiving a request for a hearing, the Council shall request that the Office of Administrative Hearings designate an administrative law judge.2) The administrative law judge shall give reasonable notice of the hearing by certified mail, return receipt requested, to the sponsor.3) The notice shall include a:. a) Reasonable time and place of hearing;.
09.12.42.15.htm 09.12.42.15. 15 Intimidatory or Retaliatory Acts.. Any intimidation, threat, coercion, or retaliation by or with the approval of any sponsor against any person for the purpose of interfering with any right or privilege secured by Title VII of the Civil Rights Act of 1964, as amended, Executive Order 11246, as amended, or because he or she has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter
09.12.42.16.htm 09.12.42.16. 16 Nondiscrimination.. The commitments contained in the sponsor's affirmative action program are not intended and may not be used to discriminate against any qualified applicant or apprentice on the basis of political or religious opinion or affiliation, marital status, race, color, creed, national origin, sex, or age, unless sex or age constitutes a bona fide occupational qualification, or the physical or mental disability of a qualified individual with a disability.
09.12.42.17.htm 09.12.42.17. 17 Exemptions.. Requests for exemption from this chapter, or any part of it, shall be made in writing to the Council and shall contain a statement or reasons supporting the request. Exemptions may be granted by the Council or the Maryland Secretary of Labor for good cause. The Council shall notify the U.S. Department of Labor of any exemptions granted affecting a substantial number of employees and the reasons for them.
09.12.42.9999.htm 09.12.42.9999. Administrative History Effective date: September 1, 1971. Chapter revised effective September 8, 1978 (5:18 Md. R. 1387). Transferred from Department of Licensing and Regulation to Department of Employment and Training, effective October 1, 1983; recodified from COMAR 09.12.21 to 24.04.01) ―Chapter revised effective December 21, 1992 (19:25 Md. R. 2208) ―. Chapter recodified from COMAR 24.04.01 to COMAR 09.12.42, May 1996.
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