Virginia HB 1252: Registered apprenticeship programs; prohibited discrimination.

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2020 SESSION

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CHAPTER 1228 

An Act to amend and reenact � 40.1-121 of the Code of Virginia 
and to amend the Code of Virginia by adding a section numbered 40.1-120.1, 
relating to prohibited discrimination in apprenticeship programs. 

[H 1252] 

Approved April 22, 2020 

Be it enacted by the General Assembly of Virginia:

1. That � 40.1-121 of the Code of Virginia is amended and 
reenacted and that the Code of Virginia is amended by adding a section numbered 
40.1-120.1 as follows:

� 40.1-120.1. Discrimination prohibitions for registered 
apprenticeship programs.

A. Notwithstanding the provisions of the Virginia Human Rights 
Act (� 2.2-3900 et seq.), for purposes of this chapter a sponsor of a 
registered apprenticeship program shall not discriminate against an apprentice 
or applicant for apprenticeship on the basis of race, color, religion, national 
origin, sex, sexual orientation, gender identity, age if the age of the 
individual is 40 years of age or older, genetic information, or disability.

B. Notwithstanding any other provisions of this title, it 
shall not be an unlawful practice for an employer to fail or refuse to hire and 
employ any individual for any position in a registered apprenticeship program, 
or for any registered apprenticeship program to fail or refuse to accept or 
admit any individual to any registered apprenticeship program, if:

1. The occupancy of such position, or access to the 
premises in or upon which any part of the duties of such position is performed 
or is to be performed, is subject to any requirement imposed in the interest of 
the national security of the United States under any security program in effect 
pursuant to or administered under any statute of the United States or any 
Executive Order of the President; and

2. Such individual has not fulfilled or has ceased to 
fulfill any requirement set forth in subdivision 1.

C. The sole remedy for a violation of subsection A shall be 
as provided in subdivision B 5 of � 40.1-125.

� 40.1-121. Requisites of apprentice agreement.

Every apprentice agreement entered into under this chapter 
shall contain:

1. The names, signatures, and addresses of the contracting 
parties;

2. The date of birth of the apprentice;

3. The contact information of the Program Sponsor and the 
Division of Registered Apprenticeship;

4. A statement of the occupation or business that the 
apprentice is to be taught and the time at which the apprenticeship will begin 
and end;

5. A statement showing the number of hours to be spent by the 
apprentice in work and the number of hours to be spent in related or 
supplemental instruction;

6. A statement setting forth a schedule of the processes in 
the occupation or industry division in which the apprentice is to be taught and 
the approximate time to be spent at each process;

7. A statement of the graduated scale of wages to be paid the 
apprentice and whether the required relate