DWD 296.05(6)(6) Rate of utilization. To determine the rate of utilization, a sponsor, working with the department, shall group each occupation title in the registered apprenticeship program by major occupation group and compare the racial, sex, and ethnic representation within each major occupation group to the racial, sex, and ethnic representation available in the relevant recruitment area, as determined in sub. (5). When a sponsor’s utilization of women, Hispanics or Latinos, or a particular racial minority group is significantly less than would be reasonably expected given the availability of women, Hispanics or Latinos, or a particular racial minority group for apprenticeship, a sponsor shall establish a utilization goal for the affected group as prescribed under sub. (5). Sponsors are not required or expected to establish goals where no significant disparity in utilization rates have been found.

DWD 296.06(1)(1) A sponsor required to establish a utilization goal under s. DWD 296.05 for a particular sex, racial group, or ethnic group in a major occupation in its registered apprenticeship program, working with the department, shall establish a percentage goal at least equal to the availability figure under s. DWD 296.05 (5), for that major occupation group.

DWD 296.06(2)(2) A sponsor’s determination under s. DWD 296.05 that a utilization goal is required does not constitute a finding or admission of discrimination.

DWD 296.06(3)(3) Utilization goals shall serve as objectives or targets reasonably attainable by means of applying every good faith effort to make all aspects of the entire affirmative action program work. Utilization goals are used to measure the effectiveness of a sponsor’s outreach, recruitment, and retention efforts. In establishing utilization goals, all of the following principles shall be applied:

DWD 296.06(3)(a)(a) Utilization goals may not include rigid and inflexible quotas that must be met or be considered either a ceiling or a floor for the selection of particular groups as apprentices. Quotas are expressly forbidden.

DWD 296.06(3)(b)(b) Utilization goals may not provide a sponsor with a justification to extend a preference to any individual, select an individual, or adversely affect an individual’s status as an apprentice, on the basis of that individual’s race, sex, or ethnicity.

DWD 296.06(3)(d)(d) Utilization goals may not be used to supersede eligibility requirements for apprenticeship. Affirmative action programs prescribed in this chapter do not require sponsors to select an individual who lacks qualifications to participate in the registered apprenticeship program successfully or select a less-qualified person in preference to a more qualified one.

DWD 296.07(1)(1) Utilization goal. The department has established a utilization goal of 7 percent for employment of qualified individuals with disabilities as apprentices for each major occupation group within each sponsor’s registered apprenticeship program. The utilization goal established in this subsection shall act as a benchmark against which a sponsor shall measure the representation of individuals with disabilities in the sponsor’s registered apprenticeship program by major occupation group. The goal serves as an equal opportunity objective that is attainable by complying with all of the affirmative action requirements in this chapter.

DWD 296.07(2)(2) Utilization analysis. A utilization analysis is designed to evaluate the representation of individuals with disabilities in a sponsor’s registered apprenticeship program grouped by major occupation. If individuals with disabilities are represented in a sponsor’s registered apprenticeship program in any given major occupation at a rate less than the utilization goal of 7 percent, the sponsor shall take specific measures prescribed under subs. (6) and (7).

DWD 296.07(3)(3) Process. A sponsor shall analyze the representation of individuals within their registered apprenticeship program by occupation. A sponsor shall group all apprentices according to occupational titles represented in a sponsor’s registered apprenticeship program. For each occupation represented, a sponsor shall identify the number of apprentices with disabilities.

DWD 296.07(4)(4) Schedule of evaluation. A sponsor shall conduct the apprentice workforce analysis at each compliance review and again when three years have passed without a compliance review. The updated workforce analysis shall be compared to the utilization goal established under sub. (1).

DWD 296.07(5)(5) Compliance date.

DWD 296.07(5)(a)(a) A sponsor with a registered apprenticeship program as of January 18, 2018 shall conduct a workforce analysis under this section no later than 2 years after January 18, 2018.

DWD 296.07(5)(b)(b) A sponsor registering an apprenticeship program after January 18, 2018 shall conduct its initial workforce analysis under this section no later than 2 years after the date of registration.

DWD 296.07(6)(6) Identification of problem areas. When a sponsor, working with the department, determines the percentage of individuals under sub. (3) is less than the utilization goal established under sub. (1), the sponsor shall take steps to determine if impediments to equal opportunities exist and where impediments to equal opportunity exist. In making this determination, a sponsor shall look at the results of its assessment of personnel processes required under s. DWD 296.09 and the effectiveness of its outreach and recruitment efforts required under s. DWD 296.08, if applicable.

DWD 296.07(7)(7) Action-oriented programs. A sponsor shall undertake action-oriented programs, including targeted outreach, recruitment, and retention activities identified in s. DWD 296.08, designed to correct any problem areas that a sponsor identified pursuant to the review of personnel processes and outreach and recruitment efforts.

DWD 296.07(8)(8) Utilization goal relation to discrimination. A determination that a sponsor has not attained the utilization goal established under sub. (1) in one or more major occupation groups does not constitute a finding or admission of discrimination in violation of this chapter.

DWD 296.07(9)(9) Utilization goal not a quota or ceiling. The utilization goal established under sub. (1) shall not be used as a quota or ceiling that limits or restricts the employment of individuals with disabilities as apprentices.

DWD 296.07 HistoryHistory: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (1) made under s. 13.92 (4) (b) 7., Stats., and correction in (2) made under s. 35.17, Stats., Register September 2019 No. 765.

DWD 296.08(1)(1) Minimum activities required. A sponsor that has found underutilization and established a utilization goal for a specific group under s. DWD 296.06 or 296.07 shall undertake targeted outreach, recruitment, and retention activities that are likely to generate an increase in applications for apprenticeship and improve retention of apprentices from the targeted group or from individuals with disabilities. A sponsor under this section shall conduct all of the following:

DWD 296.08(1)(a)(a) In the written affirmative action plan, identify the specific targeted outreach, recruitment, and retention activities planned for the upcoming program year. These activities shall include all of the following:

DWD 296.08(1)(a)1.1. Distribution of information to organizations serving the underutilized group regarding the nature of apprenticeship, requirements for selection for apprenticeship, availability of apprenticeship opportunities, and the equal opportunity pledge of the sponsor.