(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.
(f) A sponsor, in working with the department, shall conduct an availability analysis at each compliance review.
(6) Rate of utilization. To determine the rate of utilization, a sponsor, in working with the department, shall group each occupation title in the registered apprenticeship program by major occupation and compare the racial, sex and ethnic representation available in the relevant requirement 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 reasonable expected given the availability of women, Hispanics or Latinos, 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 296.12 Establishment of utilization goals for race, sex, and ethnicity. (1) A sponsor required to establish a utilization goal under s. DWD 296.10 for a particular racial, sex, or ethnic group in a major occupation in its registered apprenticeship program, in working with the department, shall establish a percentage goal at least equal to the availability figure under s. DWD 296.10 (5), for that major occupation group. (2) A sponsor's determination under s. DWD 296.10 that a utilization goal is required does not constitute a finding or admission of discrimination. (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:
(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.
(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, because of that individual's race, sex, or ethnicity.
(c) Utilization goals shall not create set-asides for specific groups and are not intended to achieve proportional representation or equal results.
(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 296.14 Utilization goals for individuals with disabilities. (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 paragraph a benchmark a sponsor shall measure against the representation of individuals with disabilities in a 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.
(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 sub. (6) and (7).
(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.
(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 should then be compared to the utilization goal established under sub. (1).
(5) Compliance date. (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.
2. 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.
(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 296.18 and the effectiveness of its outreach and recruitment efforts required under DWD 296.16, if applicable. (7) Action oriented programs. A sponsor shall undertake action-oriented programs, including targeted outreach, recruitment, and retention activities identified in s. DWD 296.16, designed to correct any problem areas that a sponsor identified pursuant to the review of personnel processes and outreach and recruitment efforts. (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.
(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 296.16 Targeted outreach, recruitment, and retention. (1) Minimum activities required. A sponsor that has found underutilization and established a utilization goal for a specific group under s. DWD 296.12, or DWD 296.14, 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: (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:
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.
Note: Examples of these organizations include community-based organizations, local high school, local community colleges, local vocational, career and technical schools, and local workforce system partners including job centers.
2. Advertising openings for apprenticeship opportunities by publishing advertisements in appropriate media which have wide circulation in the relevant recruitment areas.
3. Cooperating with local school boards and 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.
4. Establishing linkage agreements or partnerships enlisting the assistance and support of pre-apprenticeship program, community-based organization, advocacy organizations, or other appropriate organizations, in recruiting qualified individuals for apprenticeship.
(b) Evaluate and document after every selection cycle for registering apprentices, the overall effectiveness of the activities.
(c) Refine targeted outreach, recruitment, and retention activities as needed.
(d) Maintain records of the targeted outreach, recruitment, and retention activities and records related to the evaluation of these activities.
(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:
(a) Enlisting the use of journeyworkers from the underutilized group to assist in the implementation of a sponsor's affirmative action program.
(b) Enlisting the use of journeyworkers from the underutilized group to mentor apprentices and to assist a sponsor's targeted outreach and recruitment activities.
(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.
DWD 296.18 Review of personnel processes. (1) Annual review. A sponsor shall engage in an annual review of its personnel processes to ensure that the sponsor is operating a registered apprenticeship program free from discrimination based on race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, and disability. A review under this section is required regardless if a sponsor is underutilized under s. DWD 296.10 and shall include a review of all aspects of the registered apprenticeship program at the program, industry, and occupational level, and include all of the following: (a) The qualifications for apprenticeship, application, and selection procedures.
(b) Wages.
(c) Outreach and recruitment activities.
(d) Advancement opportunities.
(e) Promotions.
(f) Work assignments.
(g) Job performance.
(h) Rotations among all work processes of the occupation.
(i) Disciplinary actions.
(j) Handling of requests for reasonable accommodations.
(k) The program's accessibility to individuals with disabilities, including the use of information and communication technology.
(2) Compliance date. (a) A sponsor that has a registered apprenticeship program as of January 18, 2018 shall comply with the obligations under sub. (1) within 2 years of January 18, 2018.
(b) A sponsor registered with the department after January 18, 2018, shall comply with the obligations of sub. (1) within 2 years after the date of registration.
(3) Modifications required. Any necessary modifications identified under sub. (1) shall be implemented into the sponsor's written affirmative action plan to ensure that obligations under this section are met. A sponsor shall include a description of its review in the written affirmative action plan and identify in the written plan any modifications made, or the modifications that will be made, to the program as a result of the review.
DWD 296.20 Selection of apprentices. (1) A sponsor's procedures for the selection of apprentices shall be included in the written plan for standards of apprenticeship submitted to and approved by the department under DWD 295.02.
(2) A sponsor may utilize any method, or combination of methods, for selection of apprentices if the selection method meets the requirements under 29 CFR 30.10 (b). Note: 29 CFR 30.10 (b) reads: Sponsors may utilize any method or combination of methods for selection of apprentices, provided that the selection method(s) used meets the following requirements: (1) The selection procedures comply with the Uniform Guidelines Employee Selection Procedures (UGESP) in 41 CFR 60.3, including the requirement to evaluate the impact of the selection procedures on race, sex, and ethnic groups and to demonstrate job-relatedness and business necessity for those procedures that result in adverse impact in accordance with the requirements of UGESP. (2) The selection procedures are uniformly and consistently applied to all applicants within each selection procedure utilized.
(3) The selection procedures comply with title I of the American's Disability Act and EEOC's implementing regulations under part 1630. Procedures shall not screen out or tend to screen out an individual with a disability or a class of individuals with disabilities, because of disability, unless the standard, test or other selection criteria used by the sponsor, is shown to be job-related for the position in questions and is consistent with the business necessity.
(d) The selection procedure is facially neutral in terms of race, color, religion, national origin, sex, sexual orientation, age, genetic information, and disability.
DWD 296.22 Invitation to self-identify as an individual with a disability. (1) Pre-offer invitation. A sponsor adopting an affirmative action program under s. DWD 296.05, shall invite applicants for apprenticeship to inform the sponsor whether the applicant believes they are an individual with a disability as defined in s. DWD 296.01(12). This invitation shall be provided to each applicant when the applicant applies or is considered for apprenticeship. The invitation may be included with the application materials for apprenticeship but shall be separate from the application.
