Plain Language Analysis
Chapter DWD 296 (Federal Equal Opportunity Standards for Apprenticeship Programs) is promulgated pursuant to ch. 106, Stats. and prescribes the policies and procedures to promote equality of opportunity in apprenticeship programs registered with the department. This rule repeals and recreates ch. DWD 296 to align with federal regulations (29 CFR 29 and 29 CFR 30) and state statute. Wisconsin is recognized as a state apprenticeship agency organized under 29 CFR 29.13 and is required by federal regulation to incorporate the changes made under 29 CFR 29 and 29 CFR 30. The U.S. Department of Labor, Office of Apprenticeship, updated 29 CFR 29 and 29 CFR 30 to include regulations that prohibit discrimination in registered apprenticeship programs because of age (40 or older), genetic information, sexual orientation, and disability. These categories are in addition to the existing regulations that prohibit discrimination in registered apprenticeship programs because of race, color, religion, national origin, and sex. Federal regulations also require sponsors to provide equal opportunity in apprenticeship. State agencies with recognized apprenticeship programs are required to update administration rules to reflect federal regulations. The rule differs from the current rule by:
- -Creating the definitions "ADA," "affirmative action plan," "apprentice," "EEO," "ethnic group" or "ethnicity," "genetic information," "individual with a disability," journeyworker," "major life activities," "physical or mental impairment," "pre-apprenticeship program," "qualified applicant or apprentice," "reasonable accommodation," "registered," "respondent," "UGESP," and "Wisconsin equal rights division."
- Amending the definition "affirmative action program" to align with federal regulations.
- Repealing the definitions "agency," "commission," "secretary of labor," "minority count," and "female count" because those terms are no longer used in ch. DWD 296. - Amending the definitions "apprenticeship program," "department," "employer," and "sponsor" to reflect proper citation.
The rule also does all the following:
- Requires sponsors to invite applicants to self-identify as an individual with a disability at various times in the application and hiring process and requires sponsors to make a one-time invitation to apprentices currently in registered apprenticeship programs.
- Improves and clarifies the affirmative steps employers and sponsors shall take to ensure equal opportunity in their registered apprenticeship program.
- Requires sponsors to analyze their workforce and take affirmative actions to employ individuals with a disability.
- Establishes a utilization goal of 7% for individuals with a disability within a sponsor's registered apprenticeship programs.
- Requires sponsors to conduct a workforce analysis by occupation and availability analysis by major occupation group.
- Clarifies certain minimum outreach and recruitment efforts that are required for all sponsors, and additional efforts that sponsors with affirmative action programs will take if they find themselves to be underutilizing members of a protected class.
- Requires a sponsor to assign an individual to oversee the sponsor's equal employment opportunity efforts.
- Allows sponsors to use any method of selecting apprentices that complies with the UGESP, rather than using one of four specified methods under the current rule.
- Requires sponsors to conduct periodic orientation and information sessions for those connected with the registered apprenticeship programs, including anti-harassment training.
- Allows the department to sanction noncompliant sponsors by suspending their right to register new apprentices while they implement corrective affirmative action plans. Under current law, the department is authorized only to deregister noncompliant sponsors.
- Specifies exactly what sponsors are required to do for outreach recruitment.
- Provides more flexibility for sponsors to use any selection method for apprentices, as long as it is not discriminatory. Current rule requires the sponsor to use one of four selection methods.
- Streamlines and simplifies sponsor's obligations while maintaining broad and effective equal employment opportunity protections for applicants or apprentices in a registered apprenticeship program.
The rule provides sponsors 180 days from January 18, 2019 to comply with equal opportunity standards applicable to all sponsors; and, sponsors registering after January 18, 2019, to comply with this obligation upon registration or within 180 from January 18, 2019, whichever is later. In addition, the rule provides sponsors bring their program into compliance with the requirements under this chapter within two years of January 18, 2018 and sponsors registered after January 18, 2018 shall comply with the requirements within two years after the date of registration.
The update to ch. DWD 295.02 is technical in nature and updates cross references to the new sections in ch. DWD 296. Summary of, and comparison with, existing or proposed federal regulations
The rule reflects changes under federal regulations 29 CFR 29 (Labor Standards for the Registration of Apprenticeship) and 29 CFR 30 (Equal Employment Opportunity in Apprenticeship). Prior to an update in January 2017, the federal regulations were last revised in 1978, prohibiting discrimination based on race, sex, color, religion and national origin and requiring sponsors with more than five apprentices to develop and implement a written affirmative action plan for minorities and the inclusion of female apprentices. Currently, these regulations are intended to provide for more uniform training of apprentices and promote equal opportunity in apprenticeship. Comparison with rules in adjacent states
Minnesota operates a recognized state apprenticeship agency organized under 29 CFR 29.13 (Minn. Stat. Ch. 178). Illinois, Iowa and Michigan have not established state apprenticeship agencies and registered apprenticeship in those states operates under federal law only. Summary of factual data and analytical methodologies
The department is recognized by the U.S. Department of Labor as a state apprenticeship agency under 29 CFR 29.13. Department staff reviewed state statute and implemented the requirements under 29 CFR 29 and 29 CFR 30 to maintain this recognition. Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
The rule will have no significant economic impact on small businesses as defined in s. 227.114 (1), Stats. Anticipated costs incurred by private sector
Not Applicable.
Effect on small business
The rule will have no significant economic effect on small businesses as defined in s. 227.114 (1), Stats. Agency contact person
Questions and comments related to this rule may be directed to:
Karen Morgan, Apprenticeship Bureau Director
Department of Workforce Development
Division of Employment Training
P.O. Box 7972
Madison, WI 53707
Telephone: (608) 266-3133
Place where comments are to be submitted and deadline for submission
Karen Morgan, Apprenticeship Bureau Director
Department of Workforce Development
Division of Employment Training
P.O. Box 7972
Madison, WI 53707
Telephone: (608) 266-3133
Hearing comments were accepted until the public hearing held February 20, 2019.
Section 1. DWD 295.02 (2) (b) 23. is amended to read:
