STATEMENT OF SCOPE
Department of Workforce Development
Replacing Derogatory or Offensive Terminology with Current, Inclusive Terminology
Finding/nature of Emergency
Detailed Description of the Objective of the Proposed Rule
Replace derogatory or offensive terminology with current, inclusive terminology.
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The proposed rule will replace any derogatory or offensive terminology with current, inclusive terminology as directed by the Governor's Executive Order #15. The proposed rule will replace terminology such as "mentally retarded" with "intellectually disabled," "mental retardation" with "intellectual disability," "handicapped" with "disabled," or other offensive terminology contained in department rules.
Under current rules, the use of the following terms are referenced and should be updated:
Hearing handicap (ch. DWD 80).
Mental retardation, retarded persons, handicapped workers and handicapped student (ch. DWD 272).
There are no reasonable policy alternatives to implementing these changes.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Wis. Stat. § 227.11(2)(a): "Rule-making authority is expressly conferred on an agency as follows: . . . Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute. . .." Wis. Stat. § 102.16(2)(h): "The department shall promulgate rules establishing procedures and requirements for the fee dispute resolution process under this subsection, including rules specifying the standards that health service fee databases must meet for certification under this paragraph." Wis. Stat. § 102.12(2m)(g): "The department shall promulgate rules establishing procedures and requirements for the necessity of treatment dispute resolution process under this subsection, including rules setting the fees under par. (f) and rules establishing standards for determining the necessity of treatment provided to an injured employee. Before the department may amend the rules establishing those standards, the department shall establish an advisory committee under s. 227.13 composed of health care providers providing treatment under s. 102.42 to advise the department and the council on worker's compensation on amending those rules." Wis. Stat. § 102.28(2)(e): "The department shall promulgate rules to implement this subsection." Wis. Stat. § 102.28(7)(d): "The department shall promulgate rules to implement this subsection." Wis. Stat. § 102.32(6)(d): "The department shall promulgate rules for determining when compensation for permanent disability shall begin in cases in which the employer or the employer's insurer concedes liability, but disputes the extent of permanent disability." Wis. Stat. § 102.39: "The provisions of s. 103.005 relating to the adoption, publication, modification, and court review of rules or general orders of the department shall apply to all rules promulgated or general orders adopted under this chapter." Wis. Stat. § 103.005(1): "The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings." Wis. Stat. § 104.035(7)(a) to (c): "Minimum wage established by department. The department shall promulgate rules providing the minimum wage for all of the following: . . . An employee or worker with a disability covered under a license under s. 104.07.. . . A student learner. . . . student employed by an independent college or university for less than 20 hours per week." Wis. Stat. § 104.035(8)(a) and (b): "Employment exempted by department. The department shall promulgate rules exempting from the minimum wage requirements under subs. (1) to (7) all of the following: . . . . 104.035(8)(a)A person engaged in casual employment in and around an employer's home on an irregular or intermittent basis for not more than 15 hours per week. . .. A person who resides in the home of an employer who, due to advanced age or physical or mental disability, cannot care for his or her own needs, for the purpose of companionship and who spends not more than 15 hours per week on general household work for the employer."