On July 2, 2025, the U.S. Department of Labor, Employment and Training Administration (“DOL”), issued a Proposed Rule that would amend the regulations applicable to Registered Apprenticeship Programs (“RAPs”). Specifically, the Proposed Rule would overhaul 29 C.F.R. Part 30, which prohibits illegal discrimination in registered apprenticeship programs (“RAPs”) and sets forth rules related thereto. Most notably, the Proposed Rule would eliminate the provisions requiring RAPs to maintain affirmative action plans, engage in outreach efforts to women and minorities, and perform associated utilization testing. The Proposed Rule would also make technical and conforming amendments to Part 29.
The DOL has invited interested parties to submit written comments on the Proposed Rule on or before September 2, 2025.
By way of background, on January 31, 2025, President Trump issued Executive Order (“EO”) 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, directing all Federal agencies to “terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements.” On April 23, 2025, President Trump issued EO 14278, Preparing Americans for High-Paying Skilled Trade Jobs of the Future, directing the Secretary of Labor, among others, to review and propose any necessary amendments to the regulations applicable to RAPs. The Proposed Rule was borne out of these EOs.
The Proposed Rule would eliminate the affirmative action requirements in Part 30 and only require RAPs to “comply with all applicable Federal and State laws and regulations prohibiting illegal discrimination on the basis of race, color, religion, national origin, sex, age (40 or older), genetic information, or disability.”
The Proposed Rule would also no longer allow Registration Agencies to investigate complaints of discrimination. Instead, if a Registration Agency receives a complaint of discrimination from an apprentice, the Registration Agency would have to refer such complaint to the EEOC, the U.S. Attorney General, or the applicable state fair employment practices agency.
The Proposed Rule would require State Apprenticeship Agencies (“SAAs”) to amend their regulations to be consistent with the amended Part 30. In effect, SAAs would have to remove any affirmative action requirements.
The Proposed Rule would maintain the exemption to Part 30 in the current regulations (i.e., a Registration Agency may grant exemptions to the requirements of Part 30 for good cause).