Chapter DWD 296

DWD 296.03(2)(d) (d) 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:

DWD 296.03(2)(d)1. 1. 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:

DWD 296.03(2)(d)1.a. a. That harassing conduct shall not be tolerated.

DWD 296.03(2)(d)1.b. b. 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.

DWD 296.03(2)(d)1.c. c. The right to file a harassment complaint as prescribed under s. DWD 296.14.

DWD 296.03(2)(d)2. 2. 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.

DWD 296.03(2)(d)3. 3. 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.

DWD 296.03(2)(e) (e) 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.

DWD 296.03(3) (3) 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.”

DWD 296.03(4) (4) Compliance.

DWD 296.03(4)(a) (a) A sponsor of a registered apprenticeship program shall comply with the obligations of this subsection within 180 days of January 18, 2019.

DWD 296.03(4)(b) (b) 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.

DWD 296.03(5) (5) 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.

DWD 296.04 DWD 296.04 Affirmative action program.

DWD 296.04(1) (1) Adoption of an affirmative action program.

DWD 296.04(1)(a) (a) A sponsor of a registered apprenticeship program shall develop and maintain an affirmative action program in a written plan, unless any of the following apply:

DWD 296.04(1)(a)1. 1. A sponsor provides satisfactory evidence of compliance with an equal opportunity program providing for affirmative action in apprenticeship as prescribed in 29 CFR 30.4 (d) (2).

DWD 296.04(1)(a)2. 2. The registered apprenticeship program has fewer than five apprentices, unless such program was adopted to circumvent the requirements of this paragraph.

DWD 296.04(1)(b) (b) The components of a written plan shall be developed in accordance with the respective compliance dates and made available to the department upon request.

DWD 296.04(2) (2) Contents of an affirmative action program. An affirmative action program under sub. (1) shall include all of the following:

DWD 296.04(2)(a) (a) Utilization analysis for race, sex, and ethnicity as prescribed under s. DWD 296.05.

DWD 296.04(2)(b) (b) Establishment of utilization goals for race, sex, and ethnicity as prescribed under s. DWD 296.06.

DWD 296.04(2)(c) (c) Utilization goals for individuals with disabilities as prescribed under s. DWD 296.07.

DWD 296.04(2)(d) (d) Targeted outreach, recruitment, and retention as prescribed under s. DWD 296.08.

DWD 296.04(2)(e) (e) Review of personnel processes as prescribed under s. DWD 296.09.

DWD 296.04(2)(f) (f) Invitations to self-identify as prescribed under s. DWD 296.11.

DWD 296.04(3) (3) Written affirmative action plans.

DWD 296.04(3)(a) (a) A sponsor that is required to adopt an affirmative action program under sub. (1), shall create and update a written affirmative action plan memorializing and discussing the contents of the program identified under sub. (2).

DWD 296.04(3)(b) (b) The initial written affirmative action plan for registered apprenticeship programs existing as of January 18, 2018, shall be completed within 2 years of January 18, 2018. The written affirmative action plan shall be updated every time the sponsor completes workforce analysis required under ss. DWD 296.05 (2) and 296.07 (2).

DWD 296.04(3)(c) (c) The initial written affirmative action plan for apprenticeship programs registered after January 18, 2018 shall be completed within 2 years of registration. The written affirmative action plan shall be updated every time the sponsor completes workforce analysis required under ss. DWD 296.05 (2) and 296.07 (2).

DWD 296.04 History History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (3) (b), (c) made under s. 35.17, Stats., Register September 2019 No. 765.

DWD 296.05 DWD 296.05 Utilization analysis for race, sex, and ethnicity.

DWD 296.05(1) (1) Utilization analysis. A utilization analysis provides sponsors with a method for assessing whether possible barriers to apprenticeship exist for particular groups of individuals by determining whether the race, sex, and ethnicity of apprentices in a sponsor’s registered apprenticeship program is reflective of individuals available for apprenticeship by race, sex, and ethnicity in the relevant recruitment area. Where significant disparity exists between availability and representation, a sponsor shall be required to establish a utilization goal under s. DWD 296.06.

DWD 296.05(2) (2) Analysis of apprenticeship program. A sponsor shall analyze the race, sex, and ethnic composition of its apprentice workforce. A sponsor shall group all apprentices in their registered apprenticeship program by occupation title, then for each occupation represented, a sponsor shall identify the race, sex, and ethnicity of its apprentices within that occupation.

DWD 296.05(3) (3) Schedule of analysis. A sponsor shall conduct an apprenticeship program workforce analysis at each compliance review and again if three years have passed without a compliance review. The updated workforce analysis shall be compared to the utilization goal established at the sponsor’s most recent compliance review to determine if the sponsor is underutilized as prescribed under sub. (6).

DWD 296.05(4) (4) Compliance date.

DWD 296.05(4)(a) (a) An existing sponsor of a registered apprenticeship program as of January 18, 2018 shall conduct its first workforce analysis under this section no later than 2 years after January 18, 2018.

DWD 296.05(4)(b) (b) A new sponsor registered after January 18, 2018 shall conduct its initial workforce analysis under this section, no later than 2 years after the date of registration.

DWD 296.05(5) (5) Availability analysis.

DWD 296.05(5)(a) (a) An availability analysis establishes a benchmark to compare to the demographic composition of a sponsor’s apprenticeship program to determine if barriers to equal opportunity may exist in a sponsor’s registered apprenticeship program.

DWD 296.05(5)(b) (b) Availability is an estimate of the number of qualified individuals available for apprenticeship by race, sex, and ethnicity expressed as a percentage of all qualified individuals available for apprenticeship in a sponsor’s relevant recruitment area.

DWD 296.05(5)(c) (c) In determining availability, all of the following factors shall be considered for each major occupation group represented in a sponsor’s registered apprenticeship program standards:

DWD 296.05(5)(c)1. 1. The percentage of individuals who are eligible for enrollment in the registered apprenticeship program within a sponsor’s relevant recruitment area broken down by race, sex, and ethnicity.

DWD 296.05(5)(c)2. 2. The percentage of the sponsor’s employees who are eligible for enrollment in the registered apprenticeship program.

DWD 296.05(5)(d) (d) In determining availability, the relevant recruitment area is defined as the geographical area from which the sponsor usually seeks or reasonably could seek apprentices. A sponsor shall identify the relevant recruitment area in its written affirmative action plan under s. DWD 296.04 (3). A sponsor may not draw its relevant recruitment area in a way that would have the effect of excluding individuals based on race, sex, or ethnicity from consideration, and shall develop a brief rationale for selection of that recruitment area.

DWD 296.05(5)(e) (e) Availability shall be derived from the most current and discrete statistical information available.

DWD 296.05 Note Note: Examples of current and discrete statistical information may include census data, data from local job service offices, and data from colleges or other training institutions.

DWD 296.05(5)(f) (f) A sponsor, working with the department, shall conduct an availability analysis at each compliance review.

DWD 296.05(6) (6) Rate of utilization. To determine the rate of utilization, a sponsor, working with the department, shall group each occupation title in the registered apprenticeship program by major occupation group and compare the racial, sex, and ethnic representation within each major occupation group to the racial, sex, and ethnic representation available in the relevant recruitment area, as determined in sub. (5). When a sponsor’s utilization of women, Hispanics or Latinos, or a particular racial minority group is significantly less than would be reasonably expected given the availability of women, Hispanics or Latinos, or a particular racial minority group for apprenticeship, a sponsor shall establish a utilization goal for the affected group as prescribed under sub. (5). Sponsors are not required or expected to establish goals where no significant disparity in utilization rates have been found.

DWD 296.05 History History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (2) made under s. 35.17, Stats., Register September 2019 No. 765.

DWD 296.06 DWD 296.06 Establishment of utilization goals for race, sex, and ethnicity.

DWD 296.06(1) (1) A sponsor required to establish a utilization goal under s. DWD 296.05 for a particular sex, racial group, or ethnic group in a major occupation in its registered apprenticeship program, working with the department, shall establish a percentage goal at least equal to the availability figure under s. DWD 296.05 (5), for that major occupation group.

DWD 296.06(2) (2) A sponsor’s determination under s. DWD 296.05 that a utilization goal is required does not constitute a finding or admission of discrimination.

DWD 296.06(3) (3) Utilization goals shall serve as objectives or targets reasonably attainable by means of applying every good faith effort to make all aspects of the entire affirmative action program work. Utilization goals are used to measure the effectiveness of a sponsor’s outreach, recruitment, and retention efforts. In establishing utilization goals, all of the following principles shall be applied:

DWD 296.06(3)(a) (a) Utilization goals may not include rigid and inflexible quotas that must be met or be considered either a ceiling or a floor for the selection of particular groups as apprentices. Quotas are expressly forbidden.

DWD 296.06(3)(b) (b) Utilization goals may not provide a sponsor with a justification to extend a preference to any individual, select an individual, or adversely affect an individual’s status as an apprentice, on the basis of that individual’s race, sex, or ethnicity.

DWD 296.06(3)(c) (c) Utilization goals shall not create set-asides for specific groups and are not intended to achieve proportional representation or equal results.

DWD 296.06(3)(d) (d) Utilization goals may not be used to supersede eligibility requirements for apprenticeship. Affirmative action programs prescribed in this chapter do not require sponsors to select an individual who lacks qualifications to participate in the registered apprenticeship program successfully or select a less-qualified person in preference to a more qualified one.

DWD 296.06 History History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (3) (intro.) made under s. 35.17, Stats., Register September 2019 No. 765.

DWD 296.07 DWD 296.07 Utilization goals for individuals with disabilities.

DWD 296.07(1) (1) Utilization goal. The department has established a utilization goal of 7 percent for employment of qualified individuals with disabilities as apprentices for each major occupation group within each sponsor’s registered apprenticeship program. The utilization goal established in this subsection shall act as a benchmark against which a sponsor shall measure the representation of individuals with disabilities in the sponsor’s registered apprenticeship program by major occupation group. The goal serves as an equal opportunity objective that is attainable by complying with all of the affirmative action requirements in this chapter.

DWD 296.07(2) (2) Utilization analysis. A utilization analysis is designed to evaluate the representation of individuals with disabilities in a sponsor’s registered apprenticeship program grouped by major occupation. If individuals with disabilities are represented in a sponsor’s registered apprenticeship program in any given major occupation at a rate less than the utilization goal of 7 percent, the sponsor shall take specific measures prescribed under subs. (6) and (7).

DWD 296.07(3) (3) Process. A sponsor shall analyze the representation of individuals within their registered apprenticeship program by occupation. A sponsor shall group all apprentices according to occupational titles represented in a sponsor’s registered apprenticeship program. For each occupation represented, a sponsor shall identify the number of apprentices with disabilities.

DWD 296.07(4) (4) Schedule of evaluation. A sponsor shall conduct the apprentice workforce analysis at each compliance review and again when three years have passed without a compliance review. The updated workforce analysis shall be compared to the utilization goal established under sub. (1).

DWD 296.07(5) (5) Compliance date.

DWD 296.07(5)(a) (a) A sponsor with a registered apprenticeship program as of January 18, 2018 shall conduct a workforce analysis under this section no later than 2 years after January 18, 2018.

DWD 296.07(5)(b) (b) A sponsor registering an apprenticeship program after January 18, 2018 shall conduct its initial workforce analysis under this section no later than 2 years after the date of registration.

DWD 296.07(6) (6) Identification of problem areas. When a sponsor, working with the department, determines the percentage of individuals under sub. (3) is less than the utilization goal established under sub. (1), the sponsor shall take steps to determine if impediments to equal opportunities exist and where impediments to equal opportunity exist. In making this determination, a sponsor shall look at the results of its assessment of personnel processes required under s. DWD 296.09 and the effectiveness of its outreach and recruitment efforts required under s. DWD 296.08, if applicable.

DWD 296.07(7) (7) Action-oriented programs. A sponsor shall undertake action-oriented programs, including targeted outreach, recruitment, and retention activities identified in s. DWD 296.08, designed to correct any problem areas that a sponsor identified pursuant to the review of personnel processes and outreach and recruitment efforts.

DWD 296.07(8) (8) Utilization goal relation to discrimination. A determination that a sponsor has not attained the utilization goal established under sub. (1) in one or more major occupation groups does not constitute a finding or admission of discrimination in violation of this chapter.

DWD 296.07(9) (9) Utilization goal not a quota or ceiling. The utilization goal established under sub. (1) shall not be used as a quota or ceiling that limits or restricts the employment of individuals with disabilities as apprentices.

DWD 296.07 History History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (1) made under s. 13.92 (4) (b) 7., Stats., and correction in (2) made under s. 35.17, Stats., Register September 2019 No. 765.

DWD 296.08 DWD 296.08 Targeted outreach, recruitment, and retention.

DWD 296.08(1) (1) Minimum activities required. A sponsor that has found underutilization and established a utilization goal for a specific group under s. DWD 296.06 or 296.07 shall undertake targeted outreach, recruitment, and retention activities that are likely to generate an increase in applications for apprenticeship and improve retention of apprentices from the targeted group or from individuals with disabilities. A sponsor under this section shall conduct all of the following:

DWD 296.08(1)(a) (a) In the written affirmative action plan, identify the specific targeted outreach, recruitment, and retention activities planned for the upcoming program year. These activities shall include all of the following:

DWD 296.08(1)(a)1. 1. Distribution of information to organizations serving the underutilized group regarding the nature of apprenticeship, requirements for selection for apprenticeship, availability of apprenticeship opportunities, and the equal opportunity pledge of the sponsor.

DWD 296.08 Note Note: Examples of these organizations include community-based organizations, local high schools, local community colleges, local vocational, career, and technical schools, and local workforce system partners including job centers.

DWD 296.08(1)(a)2. 2. Advertising openings for apprenticeship opportunities by publishing advertisements in appropriate media which have wide circulation in the relevant recruitment areas.

DWD 296.08(1)(a)3. 3. Cooperating with local school boards and the vocational education system to develop or establish relationships with pre-apprenticeship programs targeting students from the underutilized group to prepare them to meet the standards and criteria required to qualify for entry into apprenticeship programs.

DWD 296.08(1)(a)4. 4. Establishing linkage agreements or partnerships enlisting the assistance and support of pre-apprenticeship programs, community-based organizations, advocacy organizations, or other appropriate organizations, in recruiting qualified individuals for apprenticeship.

DWD 296.08(1)(b) (b) Evaluate and document, after every selection cycle for registering apprentices, the overall effectiveness of the activities.

DWD 296.08(1)(c) (c) Refine targeted outreach, recruitment, and retention activities as needed.

DWD 296.08(1)(d) (d) Maintain records of the targeted outreach, recruitment, and retention activities and records related to the evaluation of these activities.

DWD 296.08(2) (2) Other activities. In addition to the activities in sub. (1), sponsors are encouraged to consider other outreach, recruitment, and retention activities that may assist sponsors in addressing any barriers to equal employment opportunity in its registered apprenticeship program. These activities may include any of the following:

DWD 296.08(2)(a) (a) Enlisting the use of journeyworkers from the underutilized group to assist in the implementation of a sponsor’s affirmative action program.

DWD 296.08(2)(b) (b) Enlisting the use of journeyworkers from the underutilized group to mentor apprentices and to assist a sponsor’s targeted outreach and recruitment activities.

DWD 296.08(2)(c) (c) Conducting exit interviews of each apprentice who leaves the sponsor’s registered apprenticeship program prior to receiving a certificate of completion to understand better why the apprentice is leaving the program and to help shape the sponsor’s retention activities.