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2. Contact the applicant or apprentice of a registered apprenticeship program to obtain additional information, if necessary to initiate an investigation.
3. Initiate an investigation upon receiving a complete complaint.
4. Conduct a thorough investigation of the allegations in the complaint and document, at a minimum, all of the following:
a. Name, address, and telephone number of each individual interviewed.
b. Interview statements.
c. Copies, transcripts, or summaries of pertinent documents.
d. A narrative report of the investigation with references to exhibits and other evidence related to the alleged violations.
5. Provide written notification of the department’s findings to both the respondent and applicant or apprentice of a registered apprenticeship program.
(b) If the department finds a violation of the nondiscrimination requirements under this chapter, the department shall attempt to resolve the matter as quickly as possible at the department level. If a complaint of discrimination cannot be resolved to the satisfaction of the applicant or apprentice, the department shall refer the complaint to other federal, state, or local EEO agencies.
(c) At its own discretion, the department may refer a complaint to any of the following:
1. The U.S. equal employment opportunity commission.
2. The U.S. attorney general.
3. The department of labor’s office of federal contract compliance programs.
4. The Wisconsin equal rights division.
History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (1) (a) made under s. 35.17, Stats., and correction in (3) (c) 1., 2. made under s. 13.92 (4) (b) 12., Stats., Register September 2019 No. 765.
DWD 296.15 Enforcement actions.
(1) If the department determines that a sponsor is not operating its registered apprenticeship program as specified under this chapter because of a compliance review, complaint investigation, or other reason, the department shall notify the sponsor in writing and identify the specific violations.
(2) The department may take enforcement action if a violation under sub. (1) occurs, including any of the following:
(a) Offering the sponsor technical assistance to promote compliance.
(b)
1. Suspending the sponsor’s right to register new apprentices if the sponsor fails to implement a compliance action plan to correct the violation identified within 30 business days from the date the sponsor is notified, or if the sponsor submits a written response to the findings of noncompliance and fails to implement a compliance action plan within 30 days of receiving the department notice upholding the initial noncompliance findings.
2. If a sponsor has not implemented a compliance action plan within 30 business days of notification of suspension, the department may begin proceedings to deregister the sponsor’s registered apprenticeship program as prescribed under s. DWD 295.21. If the department does not begin proceedings to deregister the sponsor’s program under this paragraph within 45 days of the start of the suspension, the suspension is lifted.
(c) Taking other action authorized by law that may include referral to any of the following:
1. The U.S. equal employment opportunity commission.
2. Wisconsin equal rights division.
3. The U.S. department of labor’s office of federal contract compliance programs.
History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (1) made under s. 35.17, Stats., and correction in (2) (c) 1. made under s. 13.92 (4) (b) 12., Stats., Register September 2019 No. 765.
DWD 296.16 Appeal procedure. A sponsor that is deregistered by the department under s. DWD 296.15 (2) (b) 2. may request a hearing as prescribed under s. DWD 295.23.
History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction made under s. 35.17, Stats., Register September 2019 No. 765.
DWD 296.17 Intimidation and retaliation prohibited.
(1) An applicant or apprentice in a registered apprenticeship program shall not be intimidated, threatened, coerced, retaliated against, or discriminated against because the individual has done any of the following:
(a) Filed a complaint under s. DWD 296.14.
(b) Opposed a practice prohibited by this chapter or any other federal or state equal opportunity law.
(c) Furnished information to, assisted or participated in any investigation, compliance review, proceeding, or hearing under this chapter or any federal or state equal opportunity law.
(d) Exercised any rights and privileges under the provisions of this chapter.
(2) A sponsor that permits the intimidation of or retaliation against an applicant or apprentice in a registered apprenticeship program, including intimidation or retaliation by participating employers, is subject to enforcement action under s. DWD 296.15 if the sponsor fails to take appropriate steps to prevent the intimidation or retaliation.
History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19.
DWD 296.18 Reinstatement of program registration. An apprenticeship program that has been deregistered for failure to comply with this chapter may be reinstated if the sponsor provides evidence to the department that the apprenticeship program is operating as prescribed in this chapter.
History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19.
DWD 296.19 Exemptions. A sponsor may request an exemption from any part of this chapter by providing the department with a written statement that identifies the reasons to support the request. With approval from the U.S. department of labor’s office of apprenticeship, the department may grant an exemption in writing for good cause.
History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.