DWD 296.04(2)(2) Contents of an affirmative action program. An affirmative action program under sub. (1) shall include all of the following: DWD 296.04(3)(a)(a) A sponsor that is required to adopt an affirmative action program under sub. (1), shall create and update a written affirmative action plan memorializing and discussing the contents of the program identified under sub. (2). DWD 296.04(3)(b)(b) The initial written affirmative action plan for registered apprenticeship programs existing as of January 18, 2018, shall be completed within 2 years of January 18, 2018. The written affirmative action plan shall be updated every time the sponsor completes workforce analysis required under ss. DWD 296.05 (2) and 296.07 (2). DWD 296.04(3)(c)(c) The initial written affirmative action plan for apprenticeship programs registered after January 18, 2018 shall be completed within 2 years of registration. The written affirmative action plan shall be updated every time the sponsor completes workforce analysis required under ss. DWD 296.05 (2) and 296.07 (2). DWD 296.04 HistoryHistory: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (3) (b), (c) made under s. 35.17, Stats., Register September 2019 No. 765. DWD 296.05DWD 296.05 Utilization analysis for race, sex, and ethnicity. DWD 296.05(1)(1) Utilization analysis. A utilization analysis provides sponsors with a method for assessing whether possible barriers to apprenticeship exist for particular groups of individuals by determining whether the race, sex, and ethnicity of apprentices in a sponsor’s registered apprenticeship program is reflective of individuals available for apprenticeship by race, sex, and ethnicity in the relevant recruitment area. Where significant disparity exists between availability and representation, a sponsor shall be required to establish a utilization goal under s. DWD 296.06. DWD 296.05(2)(2) Analysis of apprenticeship program. A sponsor shall analyze the race, sex, and ethnic composition of its apprentice workforce. A sponsor shall group all apprentices in their registered apprenticeship program by occupation title, then for each occupation represented, a sponsor shall identify the race, sex, and ethnicity of its apprentices within that occupation. DWD 296.05(3)(3) Schedule of analysis. A sponsor shall conduct an apprenticeship program workforce analysis at each compliance review and again if three years have passed without a compliance review. The updated workforce analysis shall be compared to the utilization goal established at the sponsor’s most recent compliance review to determine if the sponsor is underutilized as prescribed under sub. (6). DWD 296.05(4)(a)(a) An existing sponsor of a registered apprenticeship program as of January 18, 2018 shall conduct its first workforce analysis under this section no later than 2 years after January 18, 2018. DWD 296.05(4)(b)(b) A new sponsor registered after January 18, 2018 shall conduct its initial workforce analysis under this section, no later than 2 years after the date of registration. DWD 296.05(5)(a)(a) An availability analysis establishes a benchmark to compare to the demographic composition of a sponsor’s apprenticeship program to determine if barriers to equal opportunity may exist in a sponsor’s registered apprenticeship program. DWD 296.05(5)(b)(b) Availability is an estimate of the number of qualified individuals available for apprenticeship by race, sex, and ethnicity expressed as a percentage of all qualified individuals available for apprenticeship in a sponsor’s relevant recruitment area. DWD 296.05(5)(c)(c) In determining availability, all of the following factors shall be considered for each major occupation group represented in a sponsor’s registered apprenticeship program standards: DWD 296.05(5)(c)1.1. The percentage of individuals who are eligible for enrollment in the registered apprenticeship program within a sponsor’s relevant recruitment area broken down by race, sex, and ethnicity. DWD 296.05(5)(c)2.2. The percentage of the sponsor’s employees who are eligible for enrollment in the registered apprenticeship program. DWD 296.05(5)(d)(d) In determining availability, the relevant recruitment area is defined as the geographical area from which the sponsor usually seeks or reasonably could seek apprentices. A sponsor shall identify the relevant recruitment area in its written affirmative action plan under s. DWD 296.04 (3). A sponsor may not draw its relevant recruitment area in a way that would have the effect of excluding individuals based on race, sex, or ethnicity from consideration, and shall develop a brief rationale for selection of that recruitment area. DWD 296.05(5)(e)(e) Availability shall be derived from the most current and discrete statistical information available. DWD 296.05 NoteNote: Examples of current and discrete statistical information may include census data, data from local job service offices, and data from colleges or other training institutions.
DWD 296.05(5)(f)(f) A sponsor, working with the department, shall conduct an availability analysis at each compliance review.