ER 43.05 Monitoring and compliance.
ER 43.06 Request for information.
ER 43.07 Reporting systems.
ER 43.08 Availability of AAIS information.
ER 43.01
ER 43.01
Policy. It is the policy of this state to ensure equal opportunity without regard to age, race, creed or religion, color, handicap, sex, marital status, national origin or ancestry, political affiliation, arrest or conviction record, or sexual orientation. In furtherance of this policy, all persons responsible for employment decisions shall, within the scope of their assigned responsibilities:
ER 43.01(1)
(1) Exercise administrative authority and personal leadership to prohibit, prevent and eradicate every form of discrimination from the agency's policies, practices and working conditions.
ER 43.01(2)
(2) Take affirmative action as defined in s.
230.03 (2), Stats. For purposes of this subsection, elected state officials are not considered a similar functional group in the unclassified service.
ER 43.01(3)
(3) Integrate equal opportunity and affirmative action concerns into the agency personnel management system under their control.
ER 43.01(4)
(4) Develop and implement innovative personnel management procedures to aid in the achievement of affirmative action goals.
ER 43.01 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84; am. (1) (3) and (4), r. and recr. (2),
Register, May, 1988, No. 389, eff. 6-1-88.
ER 43.02
ER 43.02
Definitions. In this chapter:
ER 43.02(2)
(2) "Affirmative action group" means one or more of the following:
ER 43.02(2m)
(2m) "Affirmative action program" means specific results oriented standards, procedures and initiatives designed to ensure equal employment opportunity and to eliminate present effects of past discrimination.
ER 43.02(3)
(3) "AAIS"' means affirmative action information system.
ER 43.02(4)
(4) "Client" means any individual or organization receiving services or financial assistance from an agency.
ER 43.02(5)
(5) "Equal opportunity" means the absence of discrimination in employment or in provision of services to clients.
ER 43.02(5m)
(5m) "Handicapped" groups mean individuals who:
ER 43.02(5m)(a)
(a) Have a physical or mental impairment which makes achievement unusually difficult or limits the capacity to work;
ER 43.02(6m)
(6m) "Racial or Ethnic Groups" mean American Indians or Alaskan Natives, Asians or Pacific Islanders, Blacks, and Hispanics defined as follows:
ER 43.02(6m)(a)
(a) "American Indians or Alaskan Natives" mean persons descended from any of the original peoples of North America who posses 1/4 degree of documented tribal descendancy, or are enrolled with a federally or state recognized tribe, or are recognized by a federally or state recognized tribe as American Indians for state affirmative action purposes.
ER 43.02(6m)(b)
(b) "Asians or Pacific Islanders" mean persons descended from any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands.
ER 43.02(6m)(c)
(c) "Blacks" mean persons descended from any of the Black racial groups of Africa.
ER 43.02(6m)(d)
(d) "Hispanics" mean persons of Chicano, Mexican, Puerto Rican, Cuban, Central American or South American culture or origin, regardless of race.
ER 43.02 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84; r. (1), (2) (a) and (5), r. and recr. (2) (intro.), renum. (2) (b) to (e) and (6) to be (6m) (b), (c), (5m), (6m) (d) and (5) and am., cr. (2) (a) to (c), (2m), (6m) (intro.), (a) and (7),
Register, May, 1988, No. 389, eff. 6-1-88.
ER 43.03
ER 43.03
Affirmative action plans. Each agency shall prepare and file with the director an affirmative action and equal opportunity plan which shall be developed in accordance with standards and time schedules established by the director and include the following minimum components:
ER 43.03(1)
(1) A policy statement which affirms the commitment of the appointing authority to ensure equal opportunity, freedom from discrimination, and affirmative action in compliance with state policy and state and federal laws.
ER 43.03(2)
(2) An analysis of the agency work force to determine if there are substantial disparities between the proportion of any affirmative action groups in either a classified civil service classification, grouping of classifications or similar functional group in the unclassified service, in the agency work force and the rate of that group's representation in that part of the state labor force qualified for employment in such classification, progression series or functional group in the relevant labor pool.
ER 43.03(3)
(3) Goals and timetables to correct disparities identified in
sub. (2).
ER 43.03(4)
(4) The establishment of goals and objectives for affirmative action programs designed to achieve equal opportunity, eliminate discrimination and attain the goals and timetables identified in
sub. (3).
ER 43.03(5)
(5) Description of a system and timetable for regularly monitoring the effectiveness and progress of the agency in meeting the plan objectives.
ER 43.03 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84; am. (intro.), (1) and (2), r. (3) to (5) and (7), a. (3) and (4), renum. (6) to be (5) and am.
Register, May, 1988, No. 389, eff. 6-1-88.
ER 43.04
ER 43.04
Review of plans. The director shall review all agency affirmative action and equal opportunity plans for compliance with the standards established under
s. ER 43.03. In addition the director shall:
ER 43.04(1)
(1) Provide the governor with a list of approved or disapproved plans and notice that the plans and any comments regarding them are available for review.
ER 43.04(2)
(2) Determine compliance with the standards established under
s. ER 43.03 of agency plans which were previously developed to comply with federal law or to meet standards established by the board of regents of the university of Wisconsin system.
ER 43.04 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84; am. (intro.), r. (1) to (6), cr. (1), renum. (7) to be (2) and am.
Register, May, 1988, No. 389, eff. 6-1-88.
ER 43.045
ER 43.045
Program, policy and procedures standards. In addition to the plans described in
s. ER 43.03, the director may establish standards for agency affirmative action and equal opportunity programs, policies, and procedures designed to comply with state and federal affirmative action and equal employment opportunity laws and policies.
ER 43.045 History
History: Cr.
Register, May, 1988, No. 389, eff. 6-1-88.
ER 43.05
ER 43.05
Monitoring and compliance. On an ongoing basis, the director shall monitor and evaluate each agency's progress toward affirmative action and equal opportunity goals and objectives in implementing the policy of the state and shall make specific recommendations regarding methods through which the respective agencies may improve their efforts in providing equal opportunity to employees, applicants for employment and clients of the agency. If an agency fails to make reasonable efforts to meet goals and objectives and comply with the standards established under
ss. ER 43.03 and
43.045, the director may take necessary steps under s.
230.04, Stats., to ensure compliance.
ER 43.05 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84; am.
Register, May, 1988, No. 389, eff. 6-1-88.
ER 43.06
ER 43.06
Request for information. Upon request of the director, the appointing authority shall provide information concerning applicants, employees and clients. Confidentiality of information shall be maintained by the director as provided under state and federal law.
ER 43.06 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84; am.
Register, May, 1988, No. 389, eff. 6-1-88.
ER 43.07
ER 43.07
Reporting systems. Appointing authorities shall comply with standards and procedures for reporting systems established by the director to acquire affirmative action information. If an agency has established reporting systems in compliance with federal law, such systems shall be reviewed by the director for acceptability.
ER 43.07 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84.
ER 43.08
ER 43.08
Availability of AAIS information. Information on affirmative action groups contained in the AAIS is available to the public unless release of the information is prohibited by state or federal law.
ER 43.08 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84.
