September 20, 2021
ORDER OF THE WISCONSIN
DEPARTMENT OF WORKFORCE DEVELOPMENT
The Wisconsin Department of Workforce Development adopts the following rule to amend DWD 80.25 (9) (c) A.2 and C. 2., 272.09 (1) (g) and (m) and (15) (c) 7., 272.13 (2), and 277.03 (2), relating to replacing derogatory or offensive terminology with current, inclusive terminology.
The statement of scope for this rule, SS 053-19, was approved by the Governor on May 30, 2019, published in register No. 762A2, on June 10, 2019, and approved by the Department of Workforce Development on June 21, 2019. Analysis Prepared by the Department of Workforce Development
Statutes Interpreted: Not applicable.
Explanation of Statutory Authority: Section 227.11 (2) (a) (intro.), Stats., grants the following rule-making authority to agencies: "Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute....”
The Governor issued Executive Order # 15 on March 12, 2019, which directed each state agency to review its administrative rules and replace any derogatory or offensive terminology with current, inclusive terminology, including replacing "handicapped" with "disabled," "mentally retarded" with "intellectually disabled," and "mental retardation" with "intellectual disability."
Related Statutes or Rules: There no other applicable statutes or rules.
Plain Language Analysis: The rule revises Department rules to refer to disability or individuals with disabilities, instead of handicap or handicapped individuals.
Summary of, and comparison with, existing or proposed federal statutes and regulations: The Americans with Disabilities Act of 1990 refers to individuals with disabilities, rather than to handicapped individuals. Pub. L. No. 101-336, 104 Stat. 327, codified at 42 USC 12101–12213. In 1990, the federal Education of Handicapped Children Act was renamed the Individuals with Disabilities Education Act. See Pub. L. No. 101-476, s. 901, 104 Stat. 1103, 1142, codified at 20 USC 1400–1445. In 2010, a federal law known as Rosa's Law revised various federal laws to refer to intellectual disability instead of mental retardation. Pub. L. No. 111-256, 124 Stat. 2643, 2643, codified in various USC sections). Comparison with rules in adjacent states: The Department is not aware of a similar rule in an adjacent state.
Summary of factual data and analytical methodologies: Executive Order # 15 requires agencies to review their administrative rules and replace any derogatory or offensive terminology with current inclusive terminology. The Department conducted that review and proposes this rule in order to replace derogatory or offensive terminology. No other data or analysis was needed.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis: Because this rule does not have an effect on small businesses, as defined in s. 227.114 (1), Stats., no analysis was necessary. Fiscal Estimate and Economic Impact Analysis: See attached.
Effect on small business: This rule does not have an effect on small businesses, as defined in s. 227.114 (1), Stats. Agency contact person:
Questions related to this rule may be directed to:
Jennifer Wakerhauser, Deputy Legal Counsel
Department of Workforce Development
P.O. Box 7946
Madison, WI 53707
(608) 266-2140
Place where comments are to be submitted and deadline for submission:
Mark Kunkel, Rules and Records Coordinator
Department of Workforce Development
P.O. Box 7946
Madison, WI 53707
The deadline for comments was September 9, 2020, and no comments were filed.
Section 1. DWD 80.25 (9) (c) A. 2. is amended to read:
DWD 80.25 (9) (c) A. 2. Calculation of hearing handicap disability:
Smaller number (better ear)
8% x 5 = 40
Larger number (poorer ear)
40% x 1 = 40
Total 80 6 = 13.33% loss
Therefore, a person with the hearing threshold levels shown in this audiogram would have a 13.33% hearing handicap disability.
Section 2. DWD 80.25 (9) (c) C. 2. is amended to read:
DWD 80.25 (9) (c) C. 2. Hearing handicap disability:
Smaller number (better ear)
88% x 5 = 440
Larger number (poorer ear)
100% x 1 = 100%
Total 540 x 6 = 90% loss
Therefore, the hearing handicap disability is 90%.
Section 3. DWD 272.09 (1) (g) and (m) are amended to read:
DWD 272.09 (1) (g) “Sheltered workshop" means a rehabilitation facility which is a charitable organization or institution conducted not for profit, but for the purpose of carrying out a recognized program of rehabilitation for handicapped workers with disabilities providing such individuals with remunerative employment or other occupational rehabilitating activity of an educational or therapeutic nature.
(m) “Work activity center" means a rehabilitation facility, a workshop or a physically separated department of a workshop having an identifiable program, separate supervision and records, planned and designed exclusively to provide therapeutic activities for handicapped workers with disabilities whose physical or mental impairment is so severe as to make their productive capacity inconsequential.
Section 4. DWD 272.09 (15) (c) 7. is amended to read:
DWD 272.09 (15) (c) 7. The department may set a rate of less than 75% of the rates in s. DWD 272.03 for handicapped student learners with disabilities if justified by extraordinary circumstances. The rates granted shall be commensurate with the student’s ability. Section 5. DWD 272.13 (2) is amended to read:
DWD 272.13 (2) LS-37, Application for Subminimum Wage License. This particular form is used for both handicapped workers with disabilities and student learners. WH-226 is the application for a sheltered workshop to employ handicapped workers with disabilities at a subminimum wage. WH-227 is a supplement data sheet for sheltered workshop certificate. WH-247 is an application for a certificate for a training or evaluation program in a sheltered workshop. WH-249 is an application for a special individual rate in a sheltered workshop.
Section 6. DWD 277.03 (2) is amended to read:
DWD 277.03 (2) “Premises" as used in s. 105.13, Stats., includes components of the following to be considered as fit for the use by private employment agents; such as, location, size, neighborhood, public and handicap access, access for individuals with disabilities, public restroom facilities, compliance with local zoning and building codes, occupancy permit, principal place of business and the types or services provided at the licensed facility. Section 7. Effective date. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
Dated this 20th day of September, 2021.
WISCONSIN DEPARTMENT OF WORKFORCE DEVELOPMENT
