DWD 296.11(1)(a)(a) Apprentices or applicants for apprenticeship who believe that they have been discriminated against on the basis of race, color, religion, national origin, or sex with regard to apprenticeship or that the equal opportunity standards have not been followed in the operation of an apprenticeship program may, personally or by an authorized representative, file a complaint with the agency or with a private review body established pursuant to
par. (c). The complaint shall be in writing and shall be signed by the complainant. It must include the name, address, and telephone number of the person allegedly discriminated against, the program sponsor involved, and a brief description of the circumstances causing the complaint.
DWD 296.11(1)(b)
(b) The complaint must be filed not later than 180 days from the date of the alleged discrimination or specified failure to follow the equal opportunity standards; and, in the case of complaints filed directly with review bodies designated by program sponsors to review such complaints, any referral of such complaint by the complainant to the agency must occur within the time limitation stated above or 30 days from the final decision of such review body, whichever is later. The time may be extended by the agency for good cause shown.
DWD 296.11(1)(c)
(c) Sponsors are encouraged to establish fair, speedy and effective procedures for a review body to consider complaints or failure to follow the equal opportunity standards. A private review body established by the program sponsor for this purpose should number 3 or more responsible persons from the community serving in this capacity without compensation.
DWD 296.11(1)(d)
(d) Members of the review body should not be directly associated with the administration of an apprenticeship program. Sponsors may join together in establishing a review body to serve the needs of programs within the community.
DWD 296.11(2)(a)1.1. When the sponsor has designated a review body for reviewing complaints, and if the agency determines that such review body will effectively enforce the equal opportunity standards, the agency, upon receiving a complaint shall refer the complaint to the review body.
DWD 296.11(2)(a)2.
2. The agency shall, within 30 days following the referral of a complaint to the review body, obtain reports from the complainant and the review body as to the disposition of the complaint. If the complaint has been satisfactorily adjusted, and there is no other indication of failure to apply equal opportunity standards, the case shall be closed and the parties appropriately informed.
DWD 296.11(2)(a)3.
3. When a complaint has not been resolved by the review body within 90 days or where, despite satisfactory resolution of the particular complaint by the review body, there is evidence that the equal opportunity practices of the apprenticeship program are not in accordance with this plan, the agency may conduct such compliance review as found necessary, and will take all necessary steps to resolve the complaint.
DWD 296.11(2)(b)
(b) Where no review body exists, the agency may conduct such compliance review as found necessary in order to determine the facts of the complaint, and obtain such other information relating to compliance with these regulations as the circumstances warrant.
DWD 296.11 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; am
Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.21,
Register, April, 1981, No. 304, eff. 5-1-81.
DWD 296.12
DWD 296.12
Adjustments in schedule for compliance review or complaint processing. If, in the judgment of the agency, a particular situation warrants and requires special processing and either expedited or extended determination, it shall take the steps necessary to permit such determination if it finds that no person or party affected by such determination will be prejudiced by such special processing.
DWD 296.12 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; am.
Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.22,
Register, April, 1981, No. 304, eff. 5-1-81.
DWD 296.13(1)(1)
Agency actions. Where the agency, as a result of a compliance review or other reason, determines that there is reasonable cause to believe that an apprenticeship program is not operating in accordance with this plan and voluntary collective action has not been taken by the program sponsor, the agency shall institute proceedings to deregister the program or institute court action under the applicable state statutes and it shall refer the matter to the department for referral to the attorney general with recommendations for the institution of a court action by the attorney general under title VII of the civil rights act of 1964.
DWD 296.13(2)
(2) Deregistration. Deregistration proceedings shall be conducted in accordance with the following procedures:
DWD 296.13(2)(a)
(a) The agency shall notify the sponsor, in writing, that a determination of reasonable cause has been made under
sub. (1) and that the apprenticeship program may be deregistered unless, within 15 days of the receipt of the notice, the sponsor requests a hearing. The notification shall specify the facts on which the determination is based.
DWD 296.13(2)(b)
(b) If, within 15 days of the receipt of the notice provided for in
sub. (1), the sponsor mails a request for a hearing, the department shall convene a hearing in accordance with
sub. (3).
DWD 296.13(2)(c)
(c) The department shall make a final decision on the basis of the record before it, which shall consist of the compliance review file and other evidence presented and, if a hearing was conducted pursuant to
sub. (3), the proposed findings and recommended decision of the hearing officer. In its discretion, the department may allow the sponsor a reasonable time to achieve voluntary corrective action. If the department's decision is that the apprenticeship program is not operating in accordance with this plan, it will implement action as referred to In
sub. (1). In each case in which such action is ordered, the department shall make public notice of the order and shall notify the sponsor and the complainant, if any, and the department. The agency shall inform any sponsor whose program has been deregistered that it may appeal such deregistration to the department in accordance with procedures of
29 CFR 30.15.
DWD 296.13(3)
(3) Hearings. Hearings shall be conducted in accordance with the following procedures:
DWD 296.13(3)(a)
(a) Within 30 days of its receipt of a request for a hearing, the department shall designate a hearing officer. The hearing officer shall give reasonable notice of such hearing by registered mail, return receipt requested, to the sponsor. Such notice shall include a reasonable time and place of hearing; a statement of the provisions of this plan pursuant to which the hearing is to be held; and a concise statement of the matters pursuant to which the action forming the basis of the hearing is proposed to be taken.
DWD 296.13(3)(b)
(b) The hearing officer shall regulate the course of the hearing. Hearings shall be informally conducted. Every party shall have the right to counsel, and a fair opportunity to present his or her case including such cross-examination as may be appropriate in the circumstances. Hearing officers shall make their proposed findings and recommended decisions to the department upon the basis of the record before them.
DWD 296.13 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; am.
Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.23,
Register, April, 1981, No. 304, eff. 5-1-81.
DWD 296.14
DWD 296.14
Reinstatement of program registration. Any apprenticeship program deregistered pursuant to this plan may be reinstated upon presentation of adequate evidence to the department that the apprenticeship program is operating in accordance with this plan.
DWD 296.14 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; am.
Register, November, 1978 No. 275, eff. 12-1-78; renum. from Ind 85.24,
Register, April, 1981, No. 304, eff. 5-1-81.
DWD 296.15
DWD 296.15
Intimidatory or retaliatory acts. Any intimidation, threat, coercion, or retaliation by or with the approval of any sponsor against any person for the purpose of interfering with any right or privilege secured by Wisconsin's apprenticeship or fair employment practices laws, Title VII of the Civil Rights Act of 1964, executive order 11246 as amended, or because he/she has made a complaint, testified, assisted, or participated in any manner in an investigation proceeding, or hearing under this plan shall be considered noncompliance with the equal opportunity standards of this plan. The identity of complainants shall he kept confidential except to the extent necessary to carry out the purpose of this plan, including the conduct of any investigation, hearing or judicial proceeding arising therefrom.
DWD 296.15 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; am.
Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.25,
Register, April, 1981, No. 304, eff. 5-1-81.
DWD 296.16
DWD 296.16
Nondiscrimination. The commitments contained in the sponsor's affirmative action program are not intended and shall not be used to discriminate against any qualified applicant or apprentice on the basis of race, color, religion, national origin, or sex.
DWD 296.16 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; renum. from Ind 85.26,
Register, April, 1981, No. 304, eff. 6-1-81.
DWD 296.17
DWD 296.17
Exemptions. Requests for exemption from these regulations, or any part thereof, shall be made in writing to the department and shall contain a statement of reasons supporting the request. Exemptions may be granted for good cause. The agency will immediately notify the department any such exemptions granted affecting a substantial number of employees and the reasons therefor,
DWD 296.17 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; am.
Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.27,
Register, April, 1981, No. 304, eff. 5-1-81.
