DWD 296.02 Note
Note: 29 CFR 30.4
(a) reads: (1) An affirmative action program is designed to ensure equal opportunity and prevent discrimination in apprenticeship programs. An affirmative action program is more than mere passive nondiscrimination. Such a program requires the sponsor to take affirmative steps to encourage and promote equal opportunity, to create an environment free from discrimination, and to address any barriers to equal opportunity in apprenticeship. An affirmative action program is more than a paperwork exercise. It includes those policies, practices, and procedures, including self-analyses, that the sponsor implements to ensure that all qualified applicants and apprentices are receiving an equal opportunity for recruitment, selection, advancement, retention and every other term and privilege associated with apprenticeship. An affirmative action program should be a part of the way the sponsor regularly conducts its apprenticeship program.
DWD 296.02 Note
(2) A central premise underlying affirmative action is that, absent discrimination, over time a sponsor's apprenticeship program, generally, will reflect the sex, race, ethnicity, and disability profile of the labor pools from which the sponsor recruits and selects. Consistent with this premise, affirmative action programs contain a diagnostic component which includes quantitative analyses designed to evaluate the composition of the sponsor's apprenticeship program and compare it to the composition of the relevant labor pools. If women, individuals with disabilities, or individuals from a particular minority group, for example, are not being admitted into apprenticeship at a rate to be expected given their availability in the relevant labor pool, the sponsor's affirmative action program must include specific, practical steps designed to address any barriers to equal opportunity that may be contributing to this underutilization.
DWD 296.02 Note
(3) Effective affirmative action programs include internal auditing and reporting systems as a means of measuring the sponsor's progress toward achieving an apprenticeship program that would be expected absent discrimination.
DWD 296.02 Note
(4) An affirmative action program also ensures equal opportunity in apprenticeship by incorporating the sponsor's commitment to equality in every aspect of the apprenticeship program. Therefore, as part of its affirmative action program, a sponsor must monitor and examine its employment practices, policies and decisions and evaluate the impact such practices, policies and decisions have on the recruitment, selection and advancement of apprentices. It must evaluate the impact of its employment and personnel policies on minorities, women, and persons with disabilities, and revise such policies accordingly where such policies or practices are found to create a barrier to equal opportunity.
DWD 296.02 Note
(5) The commitments contained in an affirmative action program are not intended and must not be used to discriminate against any qualified applicant or apprentice on the basis of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability.
Department” means the department of workforce development.
Deregistration” means the voluntary or involuntary cancellation of an apprenticeship program by the department.
Ethnic group” or “ethnicity” means any of the following:
Hispanic or Latino - An individual of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.
The manifestation of disease or disorder in family members of an individual.
An individual's request for, or receipt of, genetic services, or participation in clinical research that includes genetic services by an individual or a family member of an individual.
The genetic information of a fetus carried by an individual or by a pregnant woman who is a family member of the individual and the genetic information of any embryo legally held by the individual or family member using an assisted reproductive technology.
“Genetic information” does not include information about the sex or age of an individual, the sex or age of family members, or information about the race or ethnicity of an individual or family members that is not derived from a genetic test.
Individual with a disability” means any of the following:
An individual who has a physical or mental impairment that substantially limits one or more major life activities or limits the capacity to work.
Journeyworker” means an individual who has attained a level of skill, abilities and competencies recognized within an industry as having mastered the skills and competencies required for the occupation.
Major life activities” includes caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. “Major life activities” also includes the operation of a major bodily function, including functions of the immune system, special sense organs, and skin; normal cell growth; and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions. “The operation of a major bodily function” includes the operation of an individual organ within a body system.
Physical or mental impairment” means any of the following:
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine.
Any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Pre-apprenticeship program” means a training model designed to assist individuals who do not possess the minimum selection criteria established in a program sponsor's apprenticeship standards, as required under this chapter, and that maintains at least one documented partnership with an apprenticeship program. It involves a form of structured workplace education and training in which an employer, employer group, industry association, labor union, community-based organization, or educational institution collaborates to provide formal instruction that introduces participants to the competencies, skills, and materials used in one or more apprenticeable occupations.
Qualified applicant or apprentice” means an individual who, with or without reasonable accommodation, can perform the duties of the apprenticeship program for which the individual applied or is enrolled.
Reasonable accommodation” means any of the following:
Modifications or adjustments to a job application process that enable a qualified applicant or apprentice with a disability to be considered for the position a qualified applicant or apprentice desires.
Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified applicant or apprentice with a disability to perform the duties of that position.
Modifications or adjustments that enable a sponsor's apprentice with a disability to enjoy equal benefits and privileges of apprenticeship as are enjoyed by its other similarly situated apprentices without disabilities.
DWD 296.02 Note
Note: Examples of reasonable accommodations include:
DWD 296.02 Note
1. Making existing facilities used by apprentices readily accessible to and usable by individuals with disabilities.
DWD 296.02 Note
2. Job restructuring; part-time or modified work schedule; reassignment to a vacant position; acquisition or modification of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies; the provision of qualified readers or interpreters; and other similar accommodations for individuals with disabilities.
DWD 296.02 Note
Note: To determine the appropriate reasonable accommodation, it may be necessary for the sponsor to initiate an informal, interactive process with the qualified individual in need of the accommodation. This process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations.
Registered” or “registration” means the approval of an apprenticeship program by the department.
Respondent” means the individual or entity identified in a complaint in which discrimination is alleged.
Wisconsin equal rights division” means the division of equal rights within the department.
DWD 296.02 History
History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; (4m), (5m) renumbered from (8), (9) and (11) (intro.) renum. (11) (a) and (11) (a) to (e) renum. 1. to 5. (11) under s. 13.92 (4) (b) 1., Stats., and correction in (14), (16) made under s. 35.17, Stats., Register September 2019 No. 765. DWD 296.03
Equal opportunity standards applicable to all sponsors. DWD 296.03(1)(1)
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, age (40 or older), genetic information, or disability as it relates to any of the following:
Hiring, placement, upgrading, periodic advancement, promotion, demotion, transfer, layoff, termination, right of return from layoff, and rehiring.
Rates of pay or any other form of compensation or changes in compensation.
Any other benefit, term, condition, or privilege associated with apprenticeship.
(2) General duty to engage in affirmative action.
A sponsor of a registered apprenticeship program shall take affirmative steps to provide equal opportunity in apprenticeship that shall include all of the following:
Assignment of responsibility.
A sponsor shall designate an individual with appropriate authority in the registered apprenticeship program, to act as an apprenticeship coordinator that is responsible for and accountable for overseeing the registered apprenticeship program's commitment to equal opportunity, including the development and implementation of an affirmative action program under s. DWD 296.04
. A sponsor shall provide resources, support, and access to leadership to ensure effective implementation. The individual designated under this section shall be responsible for all of the following:
Monitoring all registered apprenticeship activity to ensure compliance with the nondiscrimination and affirmative action obligations required in this chapter.
Internal dissemination of equal opportunity policy.
A sponsor shall inform all applicants for apprenticeship, apprentices, and individuals connected with the administration or operation of the registered apprenticeship program of its commitment to equal opportunity and affirmative action obligations. In addition, a sponsor shall require that individuals connected with the administration or operation of the apprenticeship program take the necessary action to aid the sponsor in meeting its nondiscrimination and affirmative action obligations under this section. A sponsor shall do all of the following:
Publish the equal opportunity pledge prescribed under sub. (3)
in its standards of apprenticeship required in s. DWD 295.02
and in apprentice and employee handbooks, policy manuals, newsletters, or other documents circulated by the sponsor that describe the nature of the sponsorship.
Post the equal opportunity pledge required in sub. (3)
on bulletin boards, including through electronic media, or any other location accessible to all apprentices and applicants for apprenticeship.
Conduct orientation and periodic information sessions for individuals connected with the administration or operation of the registered apprenticeship program, including all apprentices and journeyworkers who regularly work with apprentices, to inform and remind individuals of the sponsor's equal employment opportunity policy in the apprenticeship program and provide anti-harassment training required in par. (d) 1.
Maintain records necessary to demonstrate compliance with the requirements under this section and provide a copy of these records as requested by the department.
Universal outreach and recruitment.
A sponsor shall implement all of the following measures to ensure the outreach and recruitment efforts for apprentices extend to all individuals available for apprenticeship within the sponsor's relevant recruitment area without regard to race, sex, ethnicity, or disability:
Develop, and update on an annual basis, a list of current recruitment sources that generate referrals from all demographic groups within the relevant recruitment area.
DWD 296.03 Note
Note: Examples of relevant recruitment sources include: local workforce investment boards and job centers, community-based organizations, community colleges, vocational, career, and technical schools, pre-apprenticeship programs, and federally funded, youth job-training programs.
Provide the name, mailing address, telephone number, and email address for each recruitment source.
Provide recruitment sources advance notice, preferably 30 days, of apprenticeship openings to allow recruitment sources the opportunity to notify and refer candidates. This notice shall include documentation of the sponsor's equal opportunity pledge prescribed under sub. (3)
Maintaining apprenticeship programs free from harassment, intimidation, and retaliation.
A sponsor shall develop and implement procedures to ensure apprentices are not harassed because of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability and ensure the registered apprenticeship program is free from intimidation and retaliation as prescribed in s. DWD 296.17
. A sponsor shall promote an environment in which all apprentices feel safe, welcomed, and treated fairly and ensure all of the following steps are taken:
Provide anti-harassment training to all individuals connected with the administration or operation of the registered apprenticeship program, including all apprentices and journeyworkers who regularly work with apprentices. Training shall include participation by trainees and may include attending a training session in person or completing an interactive training online. The training content shall include all of the following:
The definition of harassment and the types of conduct that constitute unlawful harassment on the basis of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, and disability.
Ensure all facilities and apprenticeship activities are available without regard to race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability, except that if a sponsor provides restrooms or changing facilities, a sponsor shall provide access to separate or single user restrooms and changing facilities to assure privacy between sexes.
Establish and implement procedures to handle and resolve complaints about harassment and intimidation on the basis of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability, and complaints about retaliation for engaging in protected activity under s. DWD 296.17
Compliance with federal and state equal employment opportunity laws.
A sponsor shall comply with all applicable federal and state laws and regulations that require equal employment opportunity without regard to race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability. Failure to comply with this chapter, if related to the equal employment opportunity of apprentices or graduates of an apprenticeship program, may result in deregistration or other enforcement actions prescribed under s. DWD 296.15
Equal opportunity pledge.
A sponsor of a registered apprenticeship program shall include in its standards of apprenticeship, and any apprenticeship opportunity announcements, the following equal opportunity pledge:
“[Enter name of sponsor]
shall not discriminate against apprenticeship applicants or apprentices on the basis of race, color, religion, national origin, sex (including pregnancy and gender identity), sexual orientation, genetic information, or because they are an individual with a disability or a person 40 years old or older. [Enter name of sponsor]
shall take affirmative action to provide equal opportunity in apprenticeship and operate the apprenticeship program as required under 29 CFR part 30
, and the equal employment opportunity rules of the state of Wisconsin."
A sponsor of a registered apprenticeship program shall comply with the obligations of this subsection within 180 days of January 18, 2019.
A sponsor registering an apprenticeship program after January 18, 2019 shall comply with the obligations under this subsection upon registration or 180 days after January 18, 2019, whichever is later.
Notice on filing a complaint.
A sponsor shall provide written notice as prescribed under s. DWD 296.14
to all applicants and apprentices on how to file a discrimination complaint.
DWD 296.03 History
History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (2) (a), (c) 1., (d) (title), 1. b., (3) made under s. 35.17 Stats., Register September 2019 No. 765.