JEFFERSON CITY, Mo. — A Biden administration plan to promote diversity and equality in workplace internship programs is facing pushback from Republican attorneys general in 20 states who say it amounts to racial discrimination.
The U.S. Department of Labor claims the proposed rewrite of the National Apprenticeship System rules — the first since 2008 — would modernize and diversify workplace training programs while improving their quality and protecting new workers.
But the proposed rule change has become the latest example of political division over perceived fairness and opportunity in educational institutions and the workplace. While President Joe Biden and many Democratic-led states are trying to draw more attention to diversity, equity and inclusion, many Republican elected officials are trying to eliminate such initiatives.
“We must not let a race-obsessed ideology interfere with an important and successful apprenticeship program,” Tennessee Attorney General Jonathan Skrmetti said in a statement on behalf of 24 states that submitted comments opposing the proposal before Monday’s deadline.
The proposal drew a number of other objections, including from a number of business groups who said it would increase their costs, reduce their flexibility and ultimately reduce participation. The proposal would, among other things, require at least 2,000 hours of paid on-the-job training, eliminating the possibility of earlier readiness for workers who prove their competency.
“It will discourage apprentices from enrolling in these programs,” said Ben Brubeck, vice president of regulatory, labor and state affairs for Associated Builders and Contractors, whose divisions offer apprenticeship programs.
According to Labor Department statistics, more than 640,000 people participate in registered apprenticeship programs approved by the U.S. Department of Labor or a state apprenticeship agency. The programs provide paid training and on-the-job training for workers in everything from construction to public administration, education and manufacturing.
Nearly 85% of participants are male and about 60% are white, according to Labor Department data.
The proposed rule would require sponsors of apprenticeship programs to have strategies for the recruitment, hiring, and retention of people from “underserved communities.” The proposal would define this as women, people of color, people with disabilities, military veterans, people who hold certain religious beliefs and people who are lesbian, gay, bisexual, transgender, queer, non-binary or gender non-conforming.
Republican attorneys general argue this could conflict with a U.S. Supreme Court ruling last year that banned race as a decision factor in college admissions, striking down affirmative action programs. The GOP lawyers also argue that the proposed new surveillance and data collection requirements exceed the federal agency’s powers.
Under the Labor Department’s proposed rule, each state training agency would also be required to have a plan for promoting diversity, equity, inclusion and accessibility.
That could conflict with bans in some Republican-led states. Recently, Utah Governor Spencer Cox signed a law banning government agencies and universities from having diversity equity and inclusion offices. That law says that policies “based on an individual’s personal identity characteristics” are a “prohibited discriminatory practice.”
This year, about 60 bills focused on diversity, equity and inclusion initiatives have been introduced in Republican-led state legislatures. About half the number of bills have been introduced in support of such initiatives in Democratic-led parliaments.