DWD 296.09(3)(3) Modifications required. Any necessary modifications identified under sub. (1) shall be integrated into the sponsor’s written affirmative action plan to ensure that obligations under this section are met. A sponsor shall include a description of its review in the written affirmative action plan and identify in the written plan any modifications made, or the modifications to be made, to the program as a result of the review.

DWD 296.09 HistoryHistory: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (2) (a) made under s. 35.17, Stats., Register September 2019 No. 765.

DWD 296.10(1)(1) A sponsor’s procedures for the selection of apprentices shall be included in the written plan for standards of apprenticeship submitted to and approved by the department under s. DWD 295.02.

DWD 296.10(2)(2) A sponsor may utilize any method, or combination of methods, for selection of apprentices if the selection method meets the requirements under 29 CFR 30.10 (b).

DWD 296.10 NoteNote: 29 CFR 30.10 (b) requires sponsors to utilize any method or combination of methods for selection of apprentices, provided that the selection method used meet the following requirements:

DWD 296.10 Note(1) The selection procedures shall comply with the Uniform Guidelines on Employee Selection Procedures (UGESP) in 41 CFR 60.3, including the requirements to evaluate the impact of the selection procedures on race, sex, and ethnic groups (Hispanic/non-Hispanic or Latino) and to demonstrate job-relatedness and business necessity for those procedures that result in adverse impact in accordance with the requirements of UGESP.

DWD 296.10 Note(2) The selection procedures shall be uniformly and consistently applied to all applicants and apprentices within each selection procedure utilized.

DWD 296.10 Note(3) The selection procedures shall comply with title I of the Americans with Disabilities Act and EEOC’s implementing regulations under part 1630. This procedure shall not screen out or tend to screen out an individual with a disability or a class of individuals with disabilities, on the basis of disability, unless the standard, test or other selection criteria, as used by the program sponsor, is shown to be job-related for the position in question and is consistent with business necessity.

DWD 296.10 Note(4) The selection procedure shall be facially neutral in terms of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, and disability.

DWD 296.11(1)(1) Pre-offer invitation. A sponsor adopting an affirmative action program under s. DWD 296.04 shall invite applicants for apprenticeship to inform the sponsor whether the applicant believes he or she is an individual with a disability, as defined in s. DWD 296.02 (12). This invitation shall be provided to each applicant when the applicant applies or is considered for apprenticeship. The invitation may be included with the application materials for apprenticeship but shall be separate from the application.

DWD 296.11(2)(2) Post-offer invitation. Any time after acceptance into the registered apprenticeship program, but before the applicant begins his or her apprenticeship, a sponsor shall invite the applicant to inform the sponsor whether the applicant believes they are an individual with a disability, as defined under s. DWD 296.02 (12).

DWD 296.11(3)(3) Apprentices. Within the time frame identified under sub. (7) a sponsor shall provide a one-time invitation to each current apprentice to inform that sponsor if the apprentice is an individual with a disability, as defined under s. DWD 296.02 (12). A sponsor shall make this invitation using the language and manner prescribed by the U.S. department of labor employment and training administration. A sponsor shall remind apprentices on a yearly basis that the apprentice may voluntarily update their disability status.

DWD 296.11 NoteNote: You can access the U.S. Department of Labor Employment Training Administration resources at https://www.doleta.gov/oa/eeo/tools/disability-self-identification.cfm or call (866) 487-2365.

DWD 296.11(4)(4) Voluntary self-identification for apprentices. A sponsor shall not compel or coerce an individual to self-identify as an individual with a disability.

DWD 296.11(5)(5) Confidentiality. A sponsor shall keep all information on self-identification confidential and shall maintain the information in a data analysis file and not the medical files of individual apprentices as prescribed under s. DWD 296.12 (5). A sponsor shall provide self-identification information to the department as requested and may not use the information except in accordance with this chapter.

DWD 296.11(6)(6) Obligation of sponsor. A sponsor under this section is not relieved of its obligation to take affirmative action with respect to applicants and apprentices who identified as an individual with a disability. In addition, a sponsor is not relieved of its liability for discrimination in violation of this section.

DWD 296.11(7)(a)(a) A sponsor with a registered apprenticeship program shall begin inviting applicants and apprentices to identify as individuals with a disability under this section no later than 2 years after January 18, 2018. A sponsor shall invite each of its current apprentices to voluntarily inform the sponsor whether the apprentice believes that he or she is an individual with a disability, as defined under s. DWD 296.02 (12), no later than 2 years after January 18, 2018.

DWD 296.11(7)(b)(b) A sponsor registering with the department after January 18, 2018, shall begin inviting applicants and apprentices to identify as individuals with disabilities, as prescribed in this section, no later than 2 years after the date of registration. A sponsor under this section shall also invite each of its current apprentices to voluntarily inform the sponsor whether the apprentice believes that he or she is an individual with a disability, as defined under s. DWD 296.02 (12), no later than 2 years after the date of registration.

DWD 296.11 HistoryHistory: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (1) to (3), (7) made under s. 35.17, Stats., Register September 2019 No. 765.

DWD 296.12(1)(1) Obligations of sponsors. A sponsor shall collect data and maintain adequate records necessary for the department to determine if a sponsor is complying with the requirements of this chapter. At a minimum, records shall include all of the following:

DWD 296.12(1)(a)(a) Selection for apprenticeship, including applications, tests and test results, interview notes, the bases for selection or rejection, and any other records required to be maintained under UGESP.

DWD 296.12(1)(b)(b) The invitation to self-identify as an individual with a disability provided to applicants and apprentices under s. DWD 296.11.

DWD 296.12(1)(c)(c) Information relating to the operation of the registered apprenticeship program, including job assignments in all components of the occupation, promotion, demotion, transfer, layoff, termination, rates of pay or other forms or compensation, conditions of work, hours of work, hours of training provided, and any other personnel records relevant to complaints filed with the department under s. DWD 296.14 or filed with other enforcement agencies.