(15) “Physical or mental impairmentˮ means any of the following:
(a) 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.
(b) Any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(16) “Pre-apprenticeship programˮ means a training model designed to assist individuals who do not possess the minimum selection criteria established in a program sponsor's apprenticeship standards required under this chapter and 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 will introduce participants to the competencies, skills, and materials used in one or more apprenticeable occupations.
(17) “Qualified applicant or apprenticeˮ 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.
(18) “Reasonable accommodationˮ means any of the following:
(a) 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.
(b) 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.
(c) 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.
Note: Examples of reasonable accommodations include:
1. Making existing facilities used by apprentices readily accessible to and usable by individuals with disabilities.
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.
3. 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.
(19) “Registeredˮ or "Registrationˮ means the approval of an apprenticeship program by the department.
(20) “Respondentˮ means the individual or entity identified in a complaint in which discrimination is alleged.
(21) “Sponsorˮ has the meaning prescribed under s. 106.01 (8) Stats. (22) “UGESPˮ means the Uniform Guidelines Employee Selection Procedures under 41 CFR 60.3. (23) “Wisconsin equal rights divisionˮ means the division of equal rights within the department.
DWD 296.04 Equal opportunity standards applicable to all sponsors. (1) Discrimination prohibited. A sponsor of a registered apprenticeship program shall not discriminate against an apprentice or applicant for apprenticeship because 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:
(a) Recruitment, outreach, and selection process.
(b) Hiring, placement, upgrading, periodic advancement, promotion, demotion, transfer, layoff, termination, right or return from layoff, and rehiring.
(c) Rotation among work processes.
(d) Imposition of penalties or other disciplinary action.
(e) Rates of pay or any other form of compensation or changes in compensation.
(f) Conditions of work.
(g) Hours or work and hours of training provided.
(h) Job assignments.
(i) Leaves of absence, sick leave, or any other leave.
(j) 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:
(a) 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 296.05. 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: 1. Monitoring all registered apprenticeship activity to ensure compliance with the nondiscrimination and affirmative action obligation required in this section.
2. Maintaining records required in this section.
3. Generating and submitting reports as required by the department.
(b) 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. A sponsor shall do all of the following:
1. Publish the equal opportunity pledge required in 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 or describe the nature of the sponsorship. 2. 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.
3. 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.
4. Maintain records necessary to demonstrate compliance with the requirements under this section and provide a copy of these records as requested by the department.
(c) Universal outreach and recruitment. A sponsor shall implement all of the following measures to ensure the outreach and recruitments 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:
1. Develop and update on an annual basis, a list of current recruitment sources that will generate referrals from all demographic groups within the relevant recruitment area.
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.
2. Provide the name, mailing address, telephone number, and email address for each recruitment source.
3. 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).
(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 296.34. 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: 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:
a. That harassing conduct will not be tolerated.
b. The definition of harassment and the type of conduct that constitute unlawful harassment because of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information and disability.
c. The right to file a harassment complaint as prescribed under s. DWD 296.28. 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 separate or single user restrooms and changing facilities to assure privacy between sexes.
3. Establish and implement procedures to handle and resolve complaints about harassment and intimidation because 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 296.34. (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 296.28. (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] will not discriminate against apprenticeship applicants or apprentices because 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." (4) Compliance. (a) A sponsor of a registered apprenticeship program shall comply with the obligations of this subsection within 180 days of January 18, 2019.
(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.
(5) Programs subject to approved equal employment opportunity plans. A sponsor of a registered apprenticeship program is required to adopt an affirmative action program under s. DWD 296.05, or the selection of apprentice's procedure under s. DWD 296.20, unless any of the following apply: (a) A sponsor provides proof of compliance as prescribed in 29 CFR 30.4 (d) (2). (b) The registered apprenticeship program has fewer than five apprentices.
(6) Notice on filing a complaint. A sponsor shall provide written notice as prescribed under s. DWD 296.28 to all applicants and apprentices on how to file a discrimination complaint. DWD 296.05 Affirmative action program. (1) Adoption of an affirmative action program. (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:
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). 2. The registered apprenticeship program has fewer than five apprentices.
(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.
(2) Contents of an affirmative action program. An affirmative action program under sub. (1) shall include all of the following:
(a) Utilization analysis for race, sex, and ethnicity as prescribed under s. DWD 296.10. (b) Establishment of utilization goals for race, sex, and ethnicity as prescribed under s. DWD 296.12. (c) Utilization goals for individuals with disabilities as prescribed under s. DWD 296.14. (d) Targeted outreach, recruitment, and retention as prescribed under s. DWD 296.16. (e) Review of personnel processes as prescribed under s. DWD 296.18. (f) Invitations to self-identify as prescribed under s. DWD 296.22. (3) Written affirmative action plans. (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)
(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 296.10 (2) and DWD 296.14 (2). (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 296.10 (2) and DWD 296.14 (2). DWD 296.10 Utilization analysis for race, sex, and ethnicity. (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 reinterested 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 will be required to establish a utilization goal under s. DWD 296.12. (2) Analysis of apprenticeship program. A sponsor shall analyze the race, sex and ethnic composition of their 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.
(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 should 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).
(4) Compliance date. (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.
(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.
(5) Availability analysis. (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.
(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.
(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:
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.
2. The percentage of the sponsor's employees who are eligible for enrollment in the registered apprenticeship program.
(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 296.05 (3). A sponsor may not draw its relevant recruitment area if it 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. (e) Availability will be derived from the most current and discrete statistical information available.
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.
