Chapter Adm 50

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.

Adm 50.05(2) (2) Dissemination of policy. The affirmative action plan shall include a description of the means by which the contractor proposes internal and external dissemination of the company policy regarding affirmative action. The means of dissemination shall include, as a minimum, the following:

Adm 50.05(2)(a) (a) Posting in conspicuous places both the provisions of company policy regarding equal employment opportunity for all persons, and the affirmative action plan;

Adm 50.05(2)(b) (b) Frequently including as items on the agenda of executive and staff meetings the topics of equal employment and the progress of the affirmative action program;

Adm 50.05(2)(c) (c) Making available to employees such elements of the affirmative action program as will enable them to know and avail themselves of its benefits including notification to employees that any complaints regarding the affirmative action program may be filed with the department at 101 E. Wilson St., Madison, Wisconsin 53702;

Adm 50.05(2)(d) (d) Informing employment sources verbally and in writing of company policy to actively recruit and refer qualified persons with disabilities, minorities and women for all positions listed. All solicitations or advertisements for employees placed by or on behalf of the company shall state that qualified applicants will receive consideration for employment without regard to age, race, religion, color, disability, sex, physical condition, developmental disability, sexual orientation, as defined in s. 111.32 (13m), Stats., or national origin; and

Adm 50.05(2)(e) (e) Communicating to prospective employees the existence of the company’s affirmative action policy in sufficient detail to enable them to make use of its benefits including notification to prospective employees that any complaints regarding the company’s affirmative action policy may be filed with the department at 101 E. Wilson St., Madison, Wisconsin 53702.

Adm 50.05(3) (3) Analysis of work force. The affirmative action plan shall include an analysis of the contractor’s work force by job categories and organizational units. The job categories shall be those currently in use for construction and procurement by the U.S. equal employment opportunity commission. The work force analysis shall specifically indicate for each job category the following:

Adm 50.05(3)(a) (a) Total number of employees;

Adm 50.05(3)(b) (b) Total number of males;

Adm 50.05(3)(c) (c) Total number of females;

Adm 50.05(3)(d) (d) Total number of minority males;

Adm 50.05(3)(e) (e) Total number of minority females;

Adm 50.05(3)(f) (f) Total number of persons with disabilities.

Adm 50.05(4) (4) Goals and objectives. The affirmative action plan shall include goals directed toward the achievement of a balanced work force within a reasonable period of time. A reasonable period shall normally be in the range of 6 months to no more than 2 years. Previous affirmative action plans submitted to the department under other contracts shall be considered in determining a reasonable period.

Adm 50.05(5) (5) Monitoring. The affirmative action plan shall include a description of a planned internal system to monitor and evaluate regularly the results achieved by the company in the implementation of its affirmative action plan. This system will include evaluation of the results regarding minorities, women and persons with disabilities including those actions taken to provide reasonable accommodation for qualified persons with disabilities.

Adm 50.05 History History: Cr. Register, July, 1981, No. 307, eff. 8-1-81; correction made under s. 13.93 (2m) (b) 6., Stats., Register, March, 1993, No. 447; CR 21-110: am. (2) (d), (3) (f), (5) Register June 2022 No. 798, eff. 7-1-22.

Adm 50.06 Adm 50.06 Compliance review. The department shall, on its own initiative, undertake a compliance review to determine if contractors are complying with s. 16.765, Stats., this chapter and all nondiscrimination provisions of these contracts. If the department finds evidence of noncompliance, the department shall proceed as provided in s. 16.765, Stats., and ss. Adm 50.04 (4), 50.09, and 50.10.

Adm 50.06 History History: Cr. Register, July, 1981, No. 307, eff. 8-1-81.

Adm 50.07 Adm 50.07 Records. The department shall maintain current information on contracts which are subject to this chapter. This information shall be made available for inspection and copying by any member of the general public.

Adm 50.07 History History: Cr. Register, July, 1981, No. 307, eff. 8-1-81.

Adm 50.08 Adm 50.08 Complaint procedure.

Adm 50.08(1) (1) Any complaint authorized by s. 16.765 (6), Stats., shall be filed with the contract compliance office of the department at 101 E. Wilson St., Madison, Wisconsin 53702.

Adm 50.08(2) (2) The complaint shall be in writing and shall state the basis for the complaint. The department shall offer to assist the complainant in drafting the complaint.

Adm 50.08(3) (3) The complainant and the contractor shall be kept informed of the status of the matter by the department after a complaint is filed. A copy of the investigative report and notice of final disposition of the complaint shall be given to the complainant and the contractor.

Adm 50.08 History History: Cr. Register, July, 1981, No. 307, eff. 8-1-81; correction made under s. 13.93 (2m) (b) 6., Stats., Register, March, 1993, No. 447.

Adm 50.09 Adm 50.09 Investigations.

Adm 50.09(1) (1) The department shall, within 30 working days after receipt of a complaint or a finding of noncompliance pursuant to s. Adm 50.06, issue an investigative report or letter to the contractor containing a narrative of the facts and a listing of the action, if any, required to bring the contractor into compliance. The contractor, if found not to be in compliance, shall have 30 working days to obtain compliance as provided in s. Adm 50.04 (4).

Adm 50.09(2) (2) During the investigation, the identity and statement of any person interviewed shall be confidential.

Adm 50.09 History History: Cr. Register, July, 1981, No. 307, eff. 8-1-81.

Adm 50.10 Adm 50.10 Hearings. Any person who is dissatisfied with the results of an investigation as provided in s. Adm 50.09 may request a hearing pursuant to ch. 227, Stats.

Adm 50.10 History History: Cr. Register, July, 1981, No. 307, eff. 8-1-81.