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) (7) Compliance dates.

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 History History: 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 DWD 296.12 Recordkeeping.

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.

DWD 296.12(1)(d) (d) Proof of compliance with the requirements under s. DWD 296.03.

DWD 296.12(1)(e) (e) Requests for reasonable accommodations.

DWD 296.12(1)(f) (f) Any other records pertinent to a determination of compliance with this chapter.

DWD 296.12(2) (2) Sponsor identification of record. For each record maintained under this chapter, a sponsor shall be able to identify the race, sex, ethnicity, and, when known, the disability status of each apprentice. Where possible, a sponsor shall be able to identify the race, sex, ethnicity, and disability status of each applicant to apprenticeship. A sponsor shall supply the information to the department upon request.

DWD 296.12(3) (3) Affirmative action programs. A sponsor required under s. DWD 296.04 to develop and maintain an affirmative action program shall retain both the written affirmative action plan under s. DWD 296.04 (3) and documentation of its component elements under ss. DWD 296.05 to 296.09 and 296.11.

DWD 296.12(4) (4) Maintenance of records. All records required under this chapter, and any other information relevant to compliance with this chapter, shall be maintained for 5 years from the date of making the record or the date of the personnel action involved, whichever occurs later, and shall be made available as requested by the department or other authorized representative in a form determined by the department, as necessary to determine compliance. Failure to maintain records under this chapter constitutes noncompliance.

DWD 296.12(5) (5) Confidentiality and use of medical information. Any information obtained under this chapter regarding the medical condition or history of an applicant or apprentice shall be collected and maintained on separate forms and in separate medical files and treated as a confidential medical record, except when any of the following apply:

DWD 296.12(5)(a) (a) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the applicant or apprentice and necessary accommodations.

DWD 296.12(5)(b) (b) First aid and safety personnel may be informed if the disability might require emergency treatment.

DWD 296.12(5)(c) (c) Government officials engaged in enforcement of this chapter, of the laws administered by the U.S. department of labor’s office of federal contract compliance programs, or of the ADA, shall be provided relevant information on request.

DWD 296.12(6) (6) Access to records. A sponsor shall allow the department access, during normal business hours, to its places of business for the purpose of conducting on-site EEO compliance reviews, complaint investigations, and inspecting and copying books, accounts, and records, including electronic records, and any other material the department deems relevant to the matter under investigation and pertinent to compliance with this chapter. A sponsor shall also provide the department access to these materials, including electronic records, off-site for purposes of conducting EEO compliance reviews and complaint investigations. A sponsor shall provide the department information about all formats, including specific electronic formats, in which the records and other information are available.

DWD 296.12 History History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (2) to (4), (5) (intro.), (6) made under s. 35.17, Stats., Register September 2019 No. 765.

DWD 296.13 DWD 296.13 Equal employment opportunity compliance review.

DWD 296.13(1) (1) Department review. The department shall conduct EEO compliance reviews to determine if a sponsor is in compliance with this chapter regularly, or when circumstances warrant a review.

DWD 296.13(2) (2) Conduct of compliance reviews. An EEO compliance review may include any of the following:

DWD 296.13(2)(a) (a) A comprehensive analysis and evaluation of each aspect of the registered apprenticeship program through off-site reviews.

DWD 296.13 Note Note: An example of an off-site review may include desk audits of records submitted to the department.

DWD 296.13(2)(b) (b) On-site reviews conducted at the sponsor’s establishment that may involve examination of records, inspection and copying of documents related to recordkeeping requirements, and interviews with employees, apprentices, journeyworkers, supervisors, managers, and hiring officials.

DWD 296.13(3) (3) Notification of compliance review findings. Within 45 business days of completing an EEO compliance review, the department shall present a written notice of compliance review findings to the sponsor. If the compliance review indicates a failure to comply with this chapter, the department shall inform the sponsor in writing and include in the notice all of the following: