Non-Discrimination Policy

1. Background - All Apprentices eligible for participation in the Laborers Training School (“Trust”) must comply with this policy against harassment, discrimination and retaliation. It is the responsibility of the Joint Apprenticeship Committee (JAC) to enforce this policy on behalf of the Board of Trustees of the Trust.

2. Pledge - The Laborers Training School will not discriminate against apprenticeship applicants or apprentices based on race, religion, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex (including pregnancy), gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, sexual orientation, or any characteristic that is protected under applicable federal, state, or local law. The Laborers Training School will take affirmative steps and affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required under Title 29 of the Code of Federal Regulations, part 30 and equal employment opportunity regulations of the State of California. A.

3. Legal Definition of Sexual Harassment

‍1. This policy defines sexual harassment as unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature made by someone from or in the work or educational setting of the Trust (whether it occurs between individuals of the same sex or individuals of the opposite sex) under any of the following conditions:

a) Submission to the conduct is explicitly or implicitly made as a term or a condition of an individual’s continued participation in the Trust, employment following completion of participant in the Trust, status as an Apprentice, or progress in completing the requirements of the Trust’s training programs.

b) Submission to, or rejection of, the conduct by an individual is used as the basis of any decisions affecting an Apprentice.

c) The conduct has the purpose or effect of having a negative impact upon the Apprentice’s performance, or of creating an intimidating, hostile, or offensive environment for the Apprentice (also known as “hostile environment”).

d) Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the Trust.

4. Protected Categories

‍a) No Apprentice shall be subjected to discrimination or harassment on the basis of race, color, religion, national origin, sex (including pregnancy and gender identity), gender, gender expression, sexual orientation, genetic information, ancestry, medical condition, marital status or because they are an individual with a physical or mental disability or a person 40 years old or older or any actual or perceived characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the California Penal Code or the Fair Employment and Housing Act (“FEHA”), in any program or activity conducted by this Trust

b) The Trust strives to afford all Apprentices, regardless of their race, color, religion, national origin, sex (including pregnancy and gender identity), gender, gender expression, sexual orientation, genetic information, ancestry, medical condition, marital status or because they are an individual with a physical or mental disability or a person 40 years old or older or regardless of any actual or perceived characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the California Penal Code or in the FEHA, equal rights and opportunities in the Trust.

c) For purposes of California Penal Code Section 422.55, and for purposes of all other applicable state law (and unless an explicit provision of law or the context clearly requires a different meaning), “Hate crime” shall mean any criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: disability; gender; nationality; race or ethnicity; religion; sexual orientation; and association with a person or group with one of more of these actual or perceived characteristics.

d) The law prohibits coworkers, instructors and third parties, as well as supervisors and managers, with whom apprentices come in contact from engaging in harassment, including sexual harassment, discrimination, including sex discrimination and/or retaliation.

e) The policy also prohibits retaliation for conduct protected by applicable law, including, but not limited to, filing and prosecuting claims of harassment, including sexual harassment or discrimination, including sex discrimination.

5. Definitions

‍A. With respect to this policy, the following definitions apply:

1. Appeal shall mean a written request to review the complaint.

2. Apprentice, for purposes of this policy, means an Apprentice as defined by the Trust.

3. Complainant shall mean an Apprentice alleging a violation of this policy.

4. Complaint shall mean an oral or written complaint, filed with the HR Manager/Safety Officer alleging that there has been a violation of this policy.

5. Complaint Procedure shall mean the Trust’s internal procedure to process complaints, as specified in this policy.

6. Corrective actions or remedial measures include prompt and appropriate corrective action when the program determines that harassment or discrimination has occurred.

7. Days shall mean calendar days unless otherwise specified.

8. Trust shall mean the Laborers Training & Retraining Trust Fund for Southern California.

9. Gender shall mean a person’s actual or perceived sex and includes a person’s perceived identity, appearance, or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with a person’s sex at birth.

10. Respondent shall mean an individual alleged to have committed acts in violation of this policy.

11. Sex shall mean the biological condition of being a female or male.

12. Sexual Orientation shall mean actual or perceived heterosexuality, homosexuality, or bisexuality. However, some individuals may use alternative terms to describe their sexual orientation.

13. Training shall mean anti-harassment and antidiscrimination training to all apprentices, instructors, and employees of the apprenticeship program. This training shall not be a mere transmittal of information, but shall include participation by trainees, such as attending a training session in person or completing interactive training online.

6. Responsibility for Policy Implementation

‍A. The JAC shall:

1. Identify the administrator(s) or designee(s) responsible to act on behalf of the JAC in responding to any complaints of retaliation and/or harassment, including sexual harassment and/or discrimination, including sex discrimination, as well as to provide support,information, and options to Apprentices regarding discrimination, including sex discrimination, retaliation, and/or harassment, including sexual harassment.

2. Facilitate the ability of non- and limited-English speaking Apprentices to file a complaint.

3. Communicate with and ensure that Trust staff, Apprentices, and other relevant parties are informed of this policy, which requires the promotion of mutual respect and acceptance and prohibits discrimination, including sex discrimination, harassment, including sexual harassment and retaliation.

4. Provide Trust employees and Apprentices information about the reporting procedures for targets of or witnesses to discrimination, including sex discrimination, harassment, including sexual harassment and/or retaliation.

5. Distribute this policy to every Apprentice upon acceptance into any the Trust’s program(s). Require this policy to be presented as part of any orientation program conducted for Apprentices including information concerning how to file/report a discrimination, including sex discrimination, harassment, including sexual harassment, or retaliation complaint. Conduct periodic information sessions for Apprentices to inform or remind them of this policy.

6. Provide periodic training to apprentices, Trust staff and instructors, and journeyworkers who regularly work with apprentices regarding this policy, including information on how to respond, intervene, and report violations of this policy.

7. Refer to the Chairperson and Co-Chairperson of the JAC any complaint that names the HR Manager/Safety Officer as a respondent or any complaint that alleges discriminatory practices throughout the Trust. Any complaint addressed to the Chairperson and Co-Chairperson must be submitted to the Executive Director. The contact information for the Chairperson, Co-Chairperson and Executive Director are listed below.

8. Refer to any other member of the JAC any complaint that names the Chairperson or Co-Chairperson of the JAC as a respondent in any complaint. For the names and contact information of other JAC members, please contact the HR Manager/Safety Officer at the number listed below.

9. Respond quickly to any complaints of harassment, including sexual harassment, discrimination, including sex discrimination and/or retaliation, and take action to address the behavior, as well as provide support, information, and options to Apprentices regarding discrimination, including sex discrimination, harassment, including sexual harassment and/or retaliation.

10. Instruct Trust employees and instructors on procedures to intervene immediately to witnessed events and take action to address discrimination, including sex discrimination, harassment, including sexual harassment and/or retaliation.

11. Implement measures to ensure that its outreach and recruitment efforts for apprentices extend to all persons available for apprenticeship within the apprenticeship program’s relevant recruitment area without regard to the characteristics described in Section 2 above.

12. Make all facilities and apprenticeship activities available without regard to the characteristics described in Section 2 above except that if the apprenticeship program provides restrooms or changing facilities, the apprenticeship program may provide separate or all-gender toilets and changing facilities, provided that all individuals have equal access to facilities consistent with their gender identity.

B. HR Manager/Safety Officer shall:

1. Monitor all apprenticeship activity to ensure compliance with the nondiscrimination obligations.

2. Maintain records.

3. Generate and submit reports as may be required by California Labor Code §3073.9 and 29 C.F.R. §§ 29 and 30.

C. Apprentices shall act respectfully towards everyone, and should consider how others may perceive or be affected by their actions and words Apprentices have the responsibility to report situations/incidents of harassment, including sexual harassment, and discrimination, including sex discrimination and/or retaliation to the Trust in cases when they may be the witness or target of harassment, including sexual harassment, discrimination, including sex discrimination and/or retaliation.

7. Notification Dissemination - Posting and Publication

‍A. Notification - Posting

1. The Trust’s written policy against harassment, including sexual harassment, discrimination, including sex discrimination, and retaliation shall be presented as part of any orientation program conducted for Apprentices participating in the Trust’s apprenticeship program, and shall include information concerning how to file/report a discrimination, including sex discrimination, harassment, including sexual harassment or retaliation complaint. The Trust will also conduct periodic information sessions to inform or remind apprentices of this policy.

2. The pledge included in the Policy Against Harassment, Discrimination and Retaliation approved by the JAC must be posted in any offices, lounges and meeting rooms where Apprentices receive training, or other prominent locations where notices are regularly posted regarding the Trust’s rules, regulations, procedures, or standards of conduct.

3. The pledge described in Section 2 will be included in electronic media, including any website accessed by apprentices and applicants for apprenticeship.

B. Notification - Publication

1. The pledge included in this Policy shall be included in the Apprenticeship Standards and appropriate publications.

C. Notification - Annual Notice to Contractors

1. The Fund will provide annual notices to any contractors that employ apprentices of the Fund’s commitment to equal opportunity and the contractor’s obligation to ensure that apprentices it employs are not harassed or discriminated against on any of the bases described in Section 2 above.

8. Confidentiality and Non-Retaliation

‍A. Complaints of harassment, including sexual harassment, and discrimination, including sex discrimination and/or retaliation, shall be handled in a confidential manner to respect the privacy of all parties to the fullest extent possible. Every effort shall be made to limit the distribution of information to those persons who need to know within the confines of the Trust’s reporting procedures and investigation process.

B. The Trust will not tolerate retaliation against anyone who files a complaint or participates in the complaint investigation process. These confidentiality and non-retaliation requirements extend to all parties involved.

9. Complaint and Appeal Procedures

‍A. Any Apprentice has the right to file a written complaint of discrimination, harassment and/or retaliation within 30 days of the last occurrence or when knowledge of the complaint was first obtained. However, for good cause shown, the Trust may extend the filing time up to an additional 30 days. A complainant making a verbal complaint will be assisted by Trust personnel in making a written complaint.

B. The complaint must be submitted to HR Manager/Safety Officer, except that if the complainant names the HR Manager/Safety Officer as a respondent or the complaint alleges Trust-wide discriminatory practices. In those circumstances, the complainant may initiate a formal complaint and file directly with the Executive Director of the Trust.

C. The investigation will include the following steps: an interview of the apprentice who lodged the complaint; interviews of anyone who is alleged to have committed the acts of harassment or discrimination; and interview of any individual who may have witnessed, or who may have knowledge of, the alleged harassment or discrimination.

D. Within 30 days of receipt of the complaint/appeal, the HR Manager/Safety Officer will provide the results of the investigation to the JAC, the complainant and the respondent.

E. A complainant may appeal to the JAC the HR Manager/Safety Officer’s findings in writing within 30 days of receiving the notice. The JAC may investigate as it deems necessary and should it decide to hold an informal hearing on the matter, it will notify the involved parties in writing and schedule such hearing in a reasonable amount of time.

F. The JAC will provide to the complainant and the respondent a written report of findings and conclusions

G. Further Options with Regard to Complaints of Discrimination: (1) If an Apprentice is unsatisfied with the JAC’s findings, a written complaint may be filed with the California Division of Apprenticeship Standards (DAS); (2) Complaints may also be filed with the Department of Fair Employment and Housing and or with the Equal Employment Opportunity Commission.