The update to ch. DWD 295.02 is technical in nature and updates cross references to the new sections in ch. DWD 296. Summary of, and comparison with, existing or proposed federal regulations
The rule reflects changes under federal regulations 29 CFR 29 (Labor Standards for the Registration of Apprenticeship) and 29 CFR 30 (Equal Employment Opportunity in Apprenticeship). Prior to an update in January 2017, the federal regulations were last revised in 1978, prohibiting discrimination based on race, sex, color, religion and national origin and requiring sponsors with more than five apprentices to develop and implement a written affirmative action plan for minorities and the inclusion of female apprentices. Currently, these regulations are intended to provide for more uniform training of apprentices and promote equal opportunity in apprenticeship. Comparison with rules in adjacent states
Minnesota operates a recognized state apprenticeship agency organized under 29 CFR 29.13 (Minn. Stat. Ch. 178). Illinois, Iowa and Michigan have not established state apprenticeship agencies and registered apprenticeship in those states operates under federal law only. Summary of factual data and analytical methodologies
The department is recognized by the U.S. Department of Labor as a state apprenticeship agency under 29 CFR 29.13. Department staff reviewed state statute and implemented the requirements under 29 CFR 29 and 29 CFR 30 to maintain this recognition. Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
The rule will have no significant economic impact on small businesses as defined in s. 227.114 (1), Stats. Anticipated costs incurred by private sector
Not Applicable.
Effect on small business
The rule will have no significant economic effect on small businesses as defined in s. 227.114 (1), Stats. Agency contact person
Questions and comments related to this rule may be directed to:
Karen Morgan, Apprenticeship Bureau Director
Department of Workforce Development
Division of Employment Training
P.O. Box 7972
Madison, WI 53707
Telephone: (608) 266-3133
Place where comments are to be submitted and deadline for submission
Karen Morgan, Apprenticeship Bureau Director
Department of Workforce Development
Division of Employment Training
P.O. Box 7972
Madison, WI 53707
Telephone: (608) 266-3133
Hearing comments were accepted until the public hearing held February 20, 2019.
Section 1. DWD 295.02 (2) (b) 23. is amended to read:
DWD 295.02 (2) (b) 23. Compliance with 29 CFR 30, including the equal opportunity pledge prescribed in 29 CFR 30.3 (c) and in s. DWD 296.03 (3); an affirmative action plan complying with s. DWD 296.04; and a method for the selection of apprentices authorized by s. DWD 296.05 296.10, or compliance with parallel requirement contained in a state plan for equal opportunity in apprenticeship adopted under ch. DWD 296 and approved by the department. The apprenticeship standards shall also include a statement that the program shall be conducted, operated and administered in conformity with applicable provisions of ch. DWD 296, as amended, or, if applicable, an approved state plan for equal opportunity in apprenticeship. Section 2: DWD 295.02 (2) (b) 23. (Note) is created to read:
Note: 29 CFR 30.3(c) reads: "(1) Each sponsor of an apprenticeship program must include in its Standards of Apprenticeship and apprenticeship opportunity announcements the following equal opportunity pledge: [Name of sponsor] will not discriminate against apprenticeship applicants or apprentices based on 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. [Name of sponsor] will take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required under Title 29 of the Code of Federal Regulations, part 30.
(2) The nondiscrimination bases listed in this pledge may be broadened to conform to consistent State and local requirements. Sponsors may include additional protected bases but may not exclude any of the bases protected by this part."
Section 3. DWD 296 is repealed and recreated to read:
Federal Equal Employment Opportunity Standards for Apprenticeship Programs
DWD 296.01 Applicability. This chapter applies to all sponsors of registered apprenticeship programs under ch. 106, Stats. DWD 296.02 Definitions. In this chapter:
(1) “ADAˮ means the Americans with Disabilities Act, as amended.
(2) “Affirmative action planˮ means a written tool designed to assist a sponsor in detecting, diagnosing, and correcting any barriers to equal opportunity that may exist in the sponsor's registered apprenticeship program.
(3) “Affirmative action programˮ has the meaning given in 29 CFR 30.4 (a).
Note: 29 CFR 30.4 (a) reads: (1) An affirmative action program is designed to ensure equal opportunity and prevent discrimination in apprenticeship programs. An affirmative action program is more than mere passive nondiscrimination. Such a program requires the sponsor to take affirmative steps to encourage and promote equal opportunity, to create an environment free from discrimination, and to address any barriers to equal opportunity in apprenticeship. An affirmative action program is more than a paperwork exercise. It includes those policies, practices, and procedures, including self-analyses, that the sponsor implements to ensure that all qualified applicants and apprentices are receiving an equal opportunity for recruitment, selection, advancement, retention and every other term and privilege associated with apprenticeship. An affirmative action program should be a part of the way the sponsor regularly conducts its apprenticeship program. (2) A central premise underlying affirmative action is that, absent discrimination, over time a sponsor's apprenticeship program, generally, will reflect the sex, race, ethnicity, and disability profile of the labor pools from which the sponsor recruits and selects. Consistent with this premise, affirmative action programs contain a diagnostic component which includes quantitative analyses designed to evaluate the composition of the sponsor's apprenticeship program and compare it to the composition of the relevant labor pools. If women, individuals with disabilities, or individuals from a particular minority group, for example, are not being admitted into apprenticeship at a rate to be expected given their availability in the relevant labor pool, the sponsor's affirmative action program must include specific, practical steps designed to address any barriers to equal opportunity that may be contributing to this underutilization.
(3) Effective affirmative action programs include internal auditing and reporting systems as a means of measuring the sponsor's progress toward achieving an apprenticeship program that would be expected absent discrimination.
(4) An affirmative action program also ensures equal opportunity in apprenticeship by incorporating the sponsor's commitment to equality in every aspect of the apprenticeship program. Therefore, as part of its affirmative action program, a sponsor must monitor and examine its employment practices, policies and decisions and evaluate the impact such practices, policies and decisions have on the recruitment, selection and advancement of apprentices. It must evaluate the impact of its employment and personnel policies on minorities, women, and persons with disabilities, and revise such policies accordingly where such policies or practices are found to create a barrier to equal opportunity.
(5) The commitments contained in an affirmative action program are not intended and must not be used to discriminate against any qualified applicant or apprentice on the basis of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability.
(4) “Apprenticeˮ has the meaning prescribed under s. 106.001(1), Stats. (5) “Departmentˮ means the department of workforce development.
(6) “EEOˮ means equal employment opportunity.
(7) “Employerˮ has the meaning prescribed under s. 106.001 (5), Stats. (8) “Apprenticeship programˮ has the meaning prescribed under s. 106.001 (4), Stats. (9) “Deregistrationˮ means the voluntary or involuntary cancellation of an apprenticeship program by the department.
(10) “Ethnic groupˮ or “Ethnicityˮ means any of the following:
(a) Hispanic or Latino - An individual of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.
