Chapter Adm 50

Chapter Adm 50

CONTRACT COMPLIANCE

Adm 50.01   Authority.

Adm 50.02   Purpose.

Adm 50.03   Definitions.

Adm 50.04   Contract provisions.

Adm 50.05   Affirmative action plan.

Adm 50.06   Compliance review.

Adm 50.07   Records.

Adm 50.08   Complaint procedure.

Adm 50.09   Investigations.

Adm 50.10   Hearings.

Adm 50.01 Adm 50.01 Authority. Section 16.765 (5), Stats., authorizes the department of administration to promulgate such rules as may be necessary for the department to administer a program of nondiscrimination and affirmative action for contractors who contract with state agencies.

Adm 50.01 History History: Cr. Register, July, 1981, No. 307, eff. 8-1-81.

Adm 50.02 Adm 50.02 Purpose. The purpose of this chapter is to:

Adm 50.02(1) (1) Aid state agencies and contractors in implementing equal employment opportunity and affirmative action practices; and

Adm 50.02(2) (2) Encourage and foster to the fullest extent practicable the employment of all properly qualified persons regardless of their age, race, religion, color, disability, sex, physical condition, developmental disability, sexual orientation, as defined in s. 111.32 (13m), Stats., or national origin.

Adm 50.02 History History: Cr. Register, July, 1981, No. 307, eff. 8-1-81; am. (2), Register, September, 1984, No. 345, eff. 10-1-84; CR 21-110: am. (2) Register June 2022 No. 798, eff. 7-1-22.

Adm 50.03 Adm 50.03 Definitions. In this chapter:

Adm 50.03(1) (1) “Balanced work force” means an equitable representation of qualified persons with disabilities, minorities and women in each level of a work force which approximates the percentage of 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.

Adm 50.03(2) (2) “Contracting agency” means any department, commission, board or other agency of state government with authority to purchase or contract for equipment, construction work, materials, supplies, or contractual services as defined in s. 16.70 (3), Stats.

Adm 50.03(3) (3) “Contractor” means any person, or entity providing equipment, construction work, materials, supplies, contractual services or leasing real property to a contracting agency of the state.

Adm 50.03(4) (4) “Construction work” means all labor and materials used in the framing or assembling of component parts in the erection, installation, enlargement, alteration, repair, moving, conversion, razing, demolition or removal of any appliance, device, equipment, building, structure or facility as defined in s. 16.87 (1) (a), Stats.

Adm 50.03(5) (5) “Department” means the department of administration.

Adm 50.03(6) (6) “Disability” means, with respect to an individual, any of the following applies:

Adm 50.03(6)(a) (a) A physical or mental impairment which substantially limits one or more of the major life activities of such individual.

Adm 50.03(6)(b) (b) A record of such an impairment.

Adm 50.03(6)(c) (c) Being regarded as having such an impairment.

Adm 50.03(7) (7) “Minorities” means persons whose race or ethnic group is either:

Adm 50.03(7)(a) (a) American Indian or Alaskan Native—persons with origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition;

Adm 50.03(7)(b) (b) Asian or Pacific Islander—persons having origins in the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands;

Adm 50.03(7)(c) (c) Black—persons not of Hispanic culture having origins in any of the Black racial groups of Africa; or

Adm 50.03(7)(d) (d) Hispanic—individuals of Mexican, Puerto Rican, Caribbean, Central or South American or other Spanish culture or origin, regardless of race.

Adm 50.03(8) (8) “Qualified person with a disability” means, with respect to employment, a person with disabilities is capable of performing the essential functions of the job for which the person is being considered with reasonable accommodation to the person’s disability; and with respect to employment-related training programs, a person with a disability who meets both the eligibility requirements for participation in the program and valid job or training qualifications with reasonable accommodation.

Adm 50.03(9) (9) “Reasonable accommodation” means the changes and modifications that could be made in the structure of a job or employment and training program, or in the manner in which a job is performed or employment and training is conducted, unless it would impose an undue hardship on the operation of the contractor’s or subcontractor’s business.

Adm 50.03 Note Note: Reasonable accommodation may include making the facilities used by the employers or employees, including hallways, restrooms, cafeterias and lounges readily accessible to 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.

Adm 50.03(10) (10) “Subcontractor” means a person or company that assumes by secondary contract some or all of the obligations of an original contractor.

Adm 50.03 History History: Cr. Register, July, 1981, No. 307, eff. 8-1-81; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667; CR 21-110: am. (1), (6), (8) Register June 2022 No. 798, eff. 7-1-22.

Adm 50.04 Adm 50.04 Contract provisions.

Adm 50.04(1) (1) In addition to the requirement of s. 16.765 (2), Stats., every contracting agency of the state shall include in all contracts executed by it, provisions which are in substantial conformity with the following:

Adm 50.04(1)(a) (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 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 workforce development, the office of federal contract compliance programs or by another appropriate governmental entity. In the absence of any reliable data, the percentage for qualified persons with disabilities shall be at least 2% for whom a contractor must make a reasonable accommodation.

Adm 50.04(1)(b) (b) The contractor shall develop and submit to the department, within 15 working days after the commencement date set in the official notice to proceed for construction work or 15 days after the date the contract is awarded for all other contracts, one copy of the written affirmative action plan or a copy of a current plan which has been approved by an agency of the federal, state or local government.

Adm 50.04(1)(c) (c) Within 15 days after awarding each subcontract, the contractor shall submit one copy of the affirmative action plan of each subcontractor to the department.

Adm 50.04(2) (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, 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.

Adm 50.04(3) (3) The contractor shall furnish all information and reports required by the department and shall permit access to payroll records and accounts for purposes of investigations to ascertain compliance.

Adm 50.04(4) (4) In the event the contractor is found not to be in compliance with the nondiscrimination and affirmative action provisions of this contract, the contractor shall be given 30 working days from the date of notice to meet the compliance requirements. Should the contractor fail to comply within 30 working days, the department shall initiate action as provided by s. 16.765, Stats., and these rules.

Adm 50.04(5) (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 employees with disabilities for each job category established by the U.S. office of federal contract compliance programs.

Adm 50.04(6) (6) The contractor shall invite all employees to voluntarily identify themselves if they 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.

Adm 50.04(7) (7) The contractor shall include the provisions of s. 16.765 (2), Stats., and subs. (1) through (6) in every subcontract so that such provisions will be binding upon each subcontractor.

Adm 50.04(8) (8) Upon petition of a contractor, the department may waive inclusion in an affirmative action plan of data represented to be confidential, where disclosure would disadvantage the contractor. Waiver shall not be granted when information is essential to the evaluation of affirmative action programs or the completion of a compliance review.

Adm 50.04 History History: Cr. Register, July, 1981, No. 307, eff. 8-1-81; corrections in (1) and (7) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1999, No. 523; CR 21-110: am. (1) (a), (2), (5), (6) Register June 2022 No. 798, eff. 7-1-22; correction in (1) (a) made under s. 13.92 (4) (b) 6., Stats., Register June 2023 No. 810.

Adm 50.05 Adm 50.05 Affirmative action plan. The affirmative action plan which is required by s. Adm 50.04 (1) (b) shall meet the following minimum requirements:

Adm 50.05(1) (1) Policy statement. The affirmative action plan shall include an equal employment opportunity policy for all personnel including a statement that:

Adm 50.05(1)(a) (a) The contractor shall not engage in discrimination and shall take action to achieve a balanced work force.

Adm 50.05(1)(b) (b) Indicates which persons are responsible for the affirmative action program.

Adm 50.05(1)(c) (c) The contractor shall comply with s. 16.765, Stats., state regulations and all applicable federal contract compliance laws and shall work cooperatively with the department and other interested parties in ensuring equal employment and advancement opportunities.

Adm 50.05 Note Note: The following is an example of an acceptable policy statement: It is the policy of (name of firm) not to discriminate against any employee or applicant for employment because of age, race, religion, color, disability, sex, physical condition, developmental disability, sexual orientation, as defined in s. 111.32 (13m), Stats., or national origin. This policy shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or other compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, this company further agrees to take affirmative action to ensure equal employment opportunities. (Name of executive and title) has been appointed equal opportunity officer and is responsible for the planning, implementation and day-to-day monitoring of the affirmative action program. All personnel responsible for hiring and promotion of employees and the development and implementation of programs and activities are charged to support this program and shall provide leadership in carrying out the goals and objectives. During the life of the contract, the (name of firm) shall comply with s. 16.765, Stats., state regulations and federal law, and shall continue to work cooperatively with governmental and community organizations in ensuring equal employment and advancement opportunities.