Chapter DWD 296

1. Complainant’s name, address and telephone number, or other means for contacting the complainant;

2. The identity of the respondent (i.e. the name, address, and telephone number of the individual or entity that the complainant alleges is responsible for the discrimination);

3. A short description of the events that the complainant believes were discriminatory, including but not limited to when the events took place, what occurred, and why the complainant believes the actions were discriminatory (for example, because of his/her race, color, religion, sex, sexual orientation, national origin, age (40 or older), genetic information, or disability);

4. The complainant’s signature or the signature of the complainant’s authorized representative.

DWD 296.14(3) (3) Requirements of the department.

DWD 296.14(3)(a) (a) Complaints received by the department under sub. (1) shall be processed as expeditiously as possible. When conducting complaint investigations, the department shall do all of the following:

DWD 296.14(3)(a)1. 1. Provide written notice to the applicant or apprentice of a registered apprenticeship program, acknowledging receipt of the complaint.

DWD 296.14(3)(a)2. 2. Contact the applicant or apprentice of a registered apprenticeship program to obtain additional information, if necessary to initiate an investigation.

DWD 296.14(3)(a)3. 3. Initiate an investigation upon receiving a complete complaint.

DWD 296.14(3)(a)4. 4. Conduct a thorough investigation of the allegations in the complaint and document, at a minimum, all of the following:

DWD 296.14(3)(a)4.a. a. Name, address, and telephone number of each individual interviewed.

DWD 296.14(3)(a)4.b. b. Interview statements.

DWD 296.14(3)(a)4.c. c. Copies, transcripts, or summaries of pertinent documents.

DWD 296.14(3)(a)4.d. d. A narrative report of the investigation with references to exhibits and other evidence related to the alleged violations.

DWD 296.14(3)(a)5. 5. Provide written notification of the department’s findings to both the respondent and applicant or apprentice of a registered apprenticeship program.

DWD 296.14(3)(b) (b) If the department finds a violation of the nondiscrimination requirements under this chapter, the department shall attempt to resolve the matter as quickly as possible at the department level. If a complaint of discrimination cannot be resolved to the satisfaction of the applicant or apprentice, the department shall refer the complaint to other federal, state, or local EEO agencies.

DWD 296.14(3)(c) (c) At its own discretion, the department may refer a complaint to any of the following:

DWD 296.14(3)(c)1. 1. The U.S. equal employment opportunity commission.

DWD 296.14(3)(c)2. 2. The U.S. attorney general.

DWD 296.14(3)(c)3. 3. The department of labor’s office of federal contract compliance programs.

DWD 296.14(3)(c)4. 4. The Wisconsin equal rights division.

DWD 296.14 History History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (1) (a) made under s. 35.17, Stats., and correction in (3) (c) 1., 2. made under s. 13.92 (4) (b) 12., Stats., Register September 2019 No. 765.

DWD 296.15 DWD 296.15 Enforcement actions.

DWD 296.15(1) (1) If the department determines that a sponsor is not operating its registered apprenticeship program as specified under this chapter because of a compliance review, complaint investigation, or other reason, the department shall notify the sponsor in writing and identify the specific violations.

DWD 296.15(2) (2) The department may take enforcement action if a violation under sub. (1) occurs, including any of the following:

DWD 296.15(2)(a) (a) Offering the sponsor technical assistance to promote compliance.

DWD 296.15(2)(b) (b)

DWD 296.15(2)(b)1. 1. Suspending the sponsor’s right to register new apprentices if the sponsor fails to implement a compliance action plan to correct the violation identified within 30 business days from the date the sponsor is notified, or if the sponsor submits a written response to the findings of noncompliance and fails to implement a compliance action plan within 30 days of receiving the department notice upholding the initial noncompliance findings.

DWD 296.15(2)(b)2. 2. If a sponsor has not implemented a compliance action plan within 30 business days of notification of suspension, the department may begin proceedings to deregister the sponsor’s registered apprenticeship program as prescribed under s. DWD 295.21. If the department does not begin proceedings to deregister the sponsor’s program under this paragraph within 45 days of the start of the suspension, the suspension is lifted.

DWD 296.15(2)(c) (c) Taking other action authorized by law that may include referral to any of the following:

DWD 296.15(2)(c)1. 1. The U.S. equal employment opportunity commission.

DWD 296.15(2)(c)2. 2. Wisconsin equal rights division.

DWD 296.15(2)(c)3. 3. The U.S. department of labor’s office of federal contract compliance programs.

DWD 296.15 History History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (1) made under s. 35.17, Stats., and correction in (2) (c) 1. made under s. 13.92 (4) (b) 12., Stats., Register September 2019 No. 765.

DWD 296.16 DWD 296.16 Appeal procedure. A sponsor that is deregistered by the department under s. DWD 296.15 (2) (b) 2. may request a hearing as prescribed under s. DWD 295.23.

DWD 296.16 History History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction made under s. 35.17, Stats., Register September 2019 No. 765.

DWD 296.17 DWD 296.17 Intimidation and retaliation prohibited.

DWD 296.17(1) (1) An applicant or apprentice in a registered apprenticeship program shall not be intimidated, threatened, coerced, retaliated against, or discriminated against because the individual has done any of the following:

DWD 296.17(1)(a) (a) Filed a complaint under s. DWD 296.14.

DWD 296.17(1)(b) (b) Opposed a practice prohibited by this chapter or any other federal or state equal opportunity law.

DWD 296.17(1)(c) (c) Furnished information to, assisted or participated in any investigation, compliance review, proceeding, or hearing under this chapter or any federal or state equal opportunity law.

DWD 296.17(1)(d) (d) Exercised any rights and privileges under the provisions of this chapter.

DWD 296.17(2) (2) A sponsor that permits the intimidation of or retaliation against an applicant or apprentice in a registered apprenticeship program, including intimidation or retaliation by participating employers, is subject to enforcement action under s. DWD 296.15 if the sponsor fails to take appropriate steps to prevent the intimidation or retaliation.

DWD 296.17 History History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19.

DWD 296.18 DWD 296.18 Reinstatement of program registration. An apprenticeship program that has been deregistered for failure to comply with this chapter may be reinstated if the sponsor provides evidence to the department that the apprenticeship program is operating as prescribed in this chapter.

DWD 296.18 History History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19.

DWD 296.19 DWD 296.19 Exemptions. A sponsor may request an exemption from any part of this chapter by providing the department with a written statement that identifies the reasons to support the request. With approval from the U.S. department of labor’s office of apprenticeship, the department may grant an exemption in writing for good cause.

DWD 296.19 History History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19.