New York State Department of Labor Equal Opportunity

Apprenticeship - Businesses

The Fitzgerald Act of 1937 and Section 810 of Article 23 of New York State Law is the public policy of New York to assist employers achieve a skilled workforce through apprenticeship. This policy is contained in the Fitzgerald Act of 1937 and New York Law, Section 810 of Article 23. These laws require that any apprentice agreement include a provision that apprentices be selected without discrimination. It created a public policy to help employers obtain a skilled workforce through apprenticeship. These laws forbid discrimination in the apprentice agreement.

The apprentice agreement must include a provision that apprentices be selected:

• On the basis of qualifications alone
• As determined by objective criteria
• Without discrimination

The Division of Equal Opportunity Development helps apprentice sponsors achieve that goal.

The Equal Employment Opportunity in Apprenticeship Training Regulations, Part 600 requires that:

• All candidates receive a full and fair opportunity to apply for apprenticeship
• No discrimination occur during the selection, employment and training of apprentices

A sponsor must have the ability to train apprentices. It can be:

• An employer
• A single employer and a union
• A group of employers
• A joint committee representing employers and unions

The sponsor must agree to recruit, select, employ and train apprentices during the term of the apprenticeship without discrimination because of: race, gender, sex, age, disability, religion, national origin, political affiliation or belief, genetics, arrest and conviction record, marital status, genetic predisposition and carrier status, veteran status, or sexual orientation.

The sponsor must agree to apply the rules and regulations fairly to the apprentice's:

• Wages
• Advancement
• Promotion
• Assignment of work
• Job performance
• Task rotation
• All other aspects of the apprenticeship program

The sponsor agrees to submit a written Affirmative Action Plan as required by Part 600.5 of the regulations, in the format determined by the Department. The Affirmative Action Plan must include:

• Workforce Analysis
• Five-Year Goals and Timetables
• Outreach and Recruitment Plan

The sponsor agrees to periodic visits from Division staff to conduct compliance reviews of the apprentice program under Part 600.10 of the regulations.

The Division of Equal Opportunity Development helps new or existing sponsors develop recruitment, selection and retention practices that achieve equity.

For further information or assistance on Equal Opportunity requirements call: 716-851-2768