Sec. DWD 296.03 - Equal opportunity standards applicable to all sponsors

ยง DWD 296.03. Equal opportunity standards applicable to all sponsors

(1) DISCRIMINATION PROHIBITED. A sponsor of a registered apprenticeship program shall not discriminate against an apprentice or applicant for apprenticeship on the basis of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability as it relates to any of the following:

(a) Recruitment, outreach, and selection process.

(b) Hiring, placement, upgrading, periodic advancement, promotion, demotion, transfer, layoff, termination, right of return from layoff, and rehiring.

(c) Rotation among work processes.

(d) Imposition of penalties or other disciplinary action.

(e) Rates of pay or any other form of compensation or changes in compensation.

(f) Conditions of work.

(g) Hours of work and hours of training provided.

(h) Job assignments.

(i) Leaves of absence, sick leave, or any other leave.

(j) Any other benefit, term, condition, or privilege associated with apprenticeship.

(2) GENERAL DUTY TO ENGAGE IN AFFIRMATIVE ACTION. A sponsor of a registered apprenticeship program shall take affirmative steps to provide equal opportunity in apprenticeship that shall include all of the following:

(a) Assignment of responsibility. A sponsor shall designate an individual with appropriate authority in the registered apprenticeship program, to act as an apprenticeship coordinator that is responsible for and accountable for overseeing the registered apprenticeship program's commitment to equal opportunity, including the development and implementation of an affirmative action program under s. DWD 296.04. A sponsor shall provide resources, support, and access to leadership to ensure effective implementation. The individual designated under this section shall be responsible for all of the following:

1. Monitoring all registered apprenticeship activity to ensure compliance with the nondiscrimination and affirmative action obligations required in this chapter.

2. Maintaining records required in this section.

3. Generating and submitting reports as required by the department.

(b) Internal dissemination of equal opportunity policy. A sponsor shall inform all applicants for apprenticeship, apprentices, and individuals connected with the administration or operation of the registered apprenticeship program of its commitment to equal opportunity and affirmative action obligations. In addition, a sponsor shall require that individuals connected with the administration or operation of the apprenticeship program take the necessary action to aid the sponsor in meeting its nondiscrimination and affirmative action obligations under this section. A sponsor shall do all of the following:

1. Publish the equal opportunity pledge prescribed under sub. (3) in its standards of apprenticeship required in s. DWD 295.02 and in apprentice and employee handbooks, policy manuals, newsletters, or other documents circulated by the sponsor that describe the nature of the sponsorship.

2. Post the equal opportunity pledge required in sub. (3) on bulletin boards, including through electronic media, or any other location accessible to all apprentices and applicants for apprenticeship.

3. Conduct orientation and periodic information sessions for individuals connected with the administration or operation of the registered apprenticeship program, including all apprentices and journeyworkers who regularly work with apprentices, to inform and remind individuals of the sponsor's equal employment opportunity policy in the apprenticeship program and provide anti-harassment training required in par. (d) 1.

4. Maintain records necessary to demonstrate compliance with the requirements under this section and provide a copy of these records as requested by the department.

(c) Universal outreach and recruitment. A sponsor shall implement all of the following measures to ensure the outreach and recruitment efforts for apprentices extend to all individuals available for apprenticeship within the sponsor's relevant recruitment area without regard to race, sex, ethnicity, or disability:

1. Develop, and update on an annual basis, a list of current recruitment sources that generate referrals from all demographic groups within the relevant recruitment area.

Note: Examples of relevant recruitment sources include: local workforce investment boards and job centers, community-based organizations, community colleges, vocational, career, and technical schools, pre-apprenticeship programs, and federally funded, youth job-training programs.

2. Provide the name, mailing address, telephone number, and email address for each recruitment source.

3. Provide recruitment sources advance notice, preferably 30 days, of apprenticeship openings to allow recruitment sources the opportunity to notify and refer candidates. This notice shall include documentation of the sponsor's equal opportunity pledge prescribed under sub. (3).

(d) Maintaining apprenticeship programs free from harassment, intimidation, and retaliation. A sponsor shall develop and implement procedures to ensure apprentices are not harassed because of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability and ensure the registered apprenticeship program is free from intimidation and retaliation as prescribed in s. DWD 296.17. A sponsor shall promote an environment in which all apprentices feel safe, welcomed, and treated fairly and ensure all of the following steps are taken:

1. Provide anti-harassment training to all individuals connected with the administration or operation of the registered apprenticeship program, including all apprentices and journeyworkers who regularly work with apprentices. Training shall include participation by trainees and may include attending a training session in person or completing an interactive training online. The training content shall include all of the following:

a. That harassing conduct shall not be tolerated.

b. The definition of harassment and the types of conduct that constitute unlawful harassment on the basis of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, and disability.

c. The right to file a harassment complaint as prescribed under s. DWD 296.14.

2. Ensure all facilities and apprenticeship activities are available without regard to race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability, except that if a sponsor provides restrooms or changing facilities, a sponsor shall provide access to separate or single user restrooms and changing facilities to assure privacy between sexes.

3. Establish and implement procedures to handle and resolve complaints about harassment and intimidation on the basis of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability, and complaints about retaliation for engaging in protected activity under s. DWD 296.17.

(e) Compliance with federal and state equal employment opportunity laws. A sponsor shall comply with all applicable federal and state laws and regulations that require equal employment opportunity without regard to race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability. Failure to comply with this chapter, if related to the equal employment opportunity of apprentices or graduates of an apprenticeship program, may result in deregistration or other enforcement actions prescribed under s. DWD 296.15.

(3) EQUAL OPPORTUNITY PLEDGE. A sponsor of a registered apprenticeship program shall include in its standards of apprenticeship, and any apprenticeship opportunity announcements, the following equal opportunity pledge:

"[Enter name of sponsor] shall not discriminate against apprenticeship applicants or apprentices on the basis of race, color, religion, national origin, sex (including pregnancy and gender identity), sexual orientation, genetic information, or because they are an individual with a disability or a person 40 years old or older. [Enter name of sponsor] shall take affirmative action to provide equal opportunity in apprenticeship and operate the apprenticeship program as required under 29 CFR part 30, and the equal employment opportunity rules of the state of Wisconsin."

(4) COMPLIANCE.

(a) A sponsor of a registered apprenticeship program shall comply with the obligations of this subsection within 180 days of January 18, 2019.

(b) A sponsor registering an apprenticeship program after January 18, 2019 shall comply with the obligations under this subsection upon registration or 180 days after January 18, 2019, whichever is later.

(5) NOTICE ON FILING A COMPLAINT. A sponsor shall provide written notice as prescribed under s. DWD 296.14 to all applicants and apprentices on how to file a discrimination complaint.

(Cr. Register, July, 1967, No. 129, eff. 8-1-67; r. and recr. Register, August, 1972, No. 200, eff. 9-1-72; am. Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.13, Register, April, 1981, No. 304, eff. 5-1-81. Adopted by, CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (2) (a), (c) 1., (d) (title), 1. b., (3) made under s. 35.17 Stats., Register September 2019 No. 765, eff. 10/1/2019)

The following state regulations pages link to this page.