10. Any analysis and supporting documents used in support of the agency’s determination of the rule’s effect on small business or in preparation of economic impact report:
Not applicable.
11. Email address and telephone number of agency contact person:
Alexandra Arkin, Legal Counsel
101 E. Wilson Street
PO Box 7864
Madison, WI 53707
(608) 267-7877
12. Place where comments are to be submitted and deadline for submission:
A public hearing will be held on January 24, 2022, at 10:00 a.m., via conference call.
Rule comments will be accepted until 5:00 p.m. on January 24, 2022.
RULE TEXT
Section 1. Adm 1.05 (2) is amended to read:
Adm 1.05 (2) Accommodation for disabled employees. An employee's disability shall be shown by a statement from a physician, an advanced practice nurse, a physician assistant, a chiropractor or a Christian science practitioner, indicating that the employee is disabled according to those standards established in s. 341.14, Stats. Parking for vehicles with special identification cards for the physically handicapped disabled pursuant to s. 343.51, Stats., shall be provided as close as possible to an entrance which can be used by disabled employees. Disabled employees allocated parking under this section shall not be exempted from payment for parking privileges under s. 16.843 (2), Stats.
Section 2. Adm 1.05 (3) is amended to read:
Adm 1.05 (3) Accommodation for disabled visitors. Motor vehicles using public parking stalls or spaces designated for the handicapped individuals with disabilities shall be equipped with license plates issued to or for disabled persons pursuant to s. 341.14, Stats. Parking for vehicles with special identification cards for the physically handicapped disabled pursuant to s. 343.51, Stats., shall be provided as close as possible to an entrance which can be used by disabled visitors.
Section 3. Adm 2.04 (1m) (b) is amended to read:
Adm 2.04 (1m) (b) Events or exhibits, whether based upon permit or advance notice shall not be restricted, denied, or disallowed on the basis of age, race, creed, color, handicap disability, marital status, sex, sexual orientation, national origin, ancestry, arrest or conviction record, religion, or political affiliation of the person applying for the permit or giving notice.
Section 4. Adm 2.04 (5) is amended to read:
Adm 2.04 (5) The department and the applicant may not discriminate against any individual on the basis of age, race, creed, color, handicap disability, marital status, sex, sexual orientation, national origin, ancestry, arrest record, or conviction record in the utilization of state office buildings and facilities for government business, public meetings for free discussion of public questions, or for civic activities.
Section 5. Adm 21.09 (7) is amended to read:
Adm 21.09 (7) Any contractor or subcontractor who enters into a contract on a state construction project shall assume an obligation to take whatever affirmative action is necessary to assure equal employment opportunity in all aspects of employment, irrespective of age, race, religion, color, handicap disability, sex, physical condition, developmental disability as defined in s. 51.01 (5), Stats., or national origin. It is expected that all contractors and subcontractors will carry out that part of their contract pertaining to equal employment opportunity and affirmative action with the same amount of thought and diligence as with any other part of the contract. Section 6. Adm 30.05 (11) is amended to read:
Adm 30.05 (11) Nondiscrimination. The charitable organization shall have a policy and procedure of nondiscrimination in regard to race, color, religion, national origin, handicap disability, age, or sex applicable to persons served by the charitable organization, applicable to charitable organization staff employment, and applicable to membership on the charitable organization's governing board.
Section 7. Adm 50.02 (2) is amended to read:
Adm 50.02 (2) Encourage and foster to the fullest extent practicable the employment of all properly qualified persons regardless of their age, race, religion, color, handicap disability, sex, physical condition, developmental disability, sexual orientation, as defined in s. 111.32 (13m), Stats., or national origin.
Section 8. Adm 50.03 (1) is amended to read:
Adm 50.03 (1) (1) “Balanced work force" means an equitable representation of qualified handicapped persons with disabilities, minorities and women in each level of a work force which approximates the percentage of handicapped persons with disabilities, minorities and women available for jobs at any particular level from the relevant labor market. For construction work, the relevant labor market consists of all craft journeypersons, all craft indentured apprentices and all qualified apprentice applicants available for employment for a specific project. Persons in the construction workforce shall be excluded from the labor market where the contractor can show that these persons are unwilling to make themselves available at the job site for employment on a regular and ongoing basis.
Section 9. Adm 50.03 (6) is amended to read:
Adm 50.03 (6) “Handicapped person” “Disability” means any person who, with respect to an individual:
(a) Has a A physical or mental impairment which substantially limits one or more of the major life activities of such individual;
(b) Has a A record of such an impairment; or
(c) Is Being regarded as having such an impairment.
Section 10. Adm 50.03 (8) is amended to read:
Adm 50.03 (8) "Qualified handicapped person persons with disabilities" means, with respect to employment, a person persons with a handicap who disabilities each of whom is capable of performing the essential functions of the job for which the person is being considered with reasonable accommodation to the person's handicap disability; and with respect to employment-related training programs, a handicapped persons with disabilities who meets meet both the eligibility requirements for participation in the program and valid job or training qualifications with reasonable accommodation.
Section 11. Adm 50.03 (9) (Note) is amended to read:
Adm 50.03 (9) Note. Reasonable accommodation may include making the facilities used by the employers or employees, including hallways, restrooms, cafeterias and lounges readily accessible to handicapped persons with disabilities. It also may include job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters, and other similar action.
Section 12. Adm 50.04 (1) (a) is amended to read:
Adm 50.04 (1) (a) The contractor agrees to make every reasonable effort to develop a balance in either its total workforce or in the project-related workforce that is based on a ratio of work hours performed by handicapped persons with disabilities, minorities, and women except that, if the department finds that the contractor is allocating its workforce in a manner which circumvents the intent of this chapter, the department may require the contractor to attempt to create a balance in its total workforce. The balance shall be at least proportional to the percentage of minorities and women present in the relevant labor markets based on data prepared by the department of industry, labor and human relations, the office of federal contract compliance programs or by another appropriate governmental entity. In the absence of any reliable data, the percentage for qualified handicapped persons with disabilities shall be at least 2% for whom a contractor must make a reasonable accommodation.
Section 13. Adm 50.04 (2) is amended to read:
Adm 50.04 (2) The contractor shall, in all solicitations or advertisement for employees placed by it or on its behalf, state that all qualified applicants shall receive consideration for employment without regard to age, race, religion, color, handicap disability, sex, physical condition, developmental disability as defined in s. 51.01 (5), Stats., sexual orientation as defined in s. 111.32 (13m), Stats., or national origin.
Section 14. Adm 50.04 (5) is amended to read:
Adm 50.04 (5) The contractor shall regularly submit an employment report as required by the department showing the number of contractor's employees by sex and ethnic background as well as handicapped employees with disabilities for each job category established by the U.S. office of federal contract compliance programs.
Section 15. Adm 50.04 (6) is amended to read:
Adm 50.04 (6) The contractor shall invite all employees to voluntarily identify themselves if they are handicapped have a disability, to the contractor. The invitation shall state that the information is voluntarily provided, that it will be kept confidential except for the purposes of this chapter, and that refusal to provide it will not subject the employee to any adverse treatment.
Section 16. Adm 50.05 (1) (Note) is amended to read:
