1. (1) Utilization goal. The department has established a utilization goal of 7 percent for employment of qualified individuals with disabilities as apprentices for each major occupation group within each sponsor’s registered apprenticeship program. The utilization goal established in this subsection shall act as a benchmark against which a sponsor shall measure the representation of individuals with disabilities in the sponsor’s registered apprenticeship program by major occupation group. The goal serves as an equal opportunity objective that is attainable by complying with all of the affirmative action requirements in this chapter.
2. (2) Utilization analysis. A utilization analysis is designed to evaluate the representation of individuals with disabilities in a sponsor’s registered apprenticeship program grouped by major occupation. If individuals with disabilities are represented in a sponsor’s registered apprenticeship program in any given major occupation at a rate less than the utilization goal of 7 percent, the sponsor shall take specific measures prescribed under subs. (6) and (7).
3. (3) Process. A sponsor shall analyze the representation of individuals within their registered apprenticeship program by occupation. A sponsor shall group all apprentices according to occupational titles represented in a sponsor’s registered apprenticeship program. For each occupation represented, a sponsor shall identify the number of apprentices with disabilities.
4. (4) Schedule of evaluation. A sponsor shall conduct the apprentice workforce analysis at each compliance review and again when three years have passed without a compliance review. The updated workforce analysis shall be compared to the utilization goal established under sub. (1).

5. (5) Compliance date.

   1. (a) A sponsor with a registered apprenticeship program as of January 18, 2018 shall conduct a workforce analysis under this section no later than 2 years after January 18, 2018.
   2. (b) A sponsor registering an apprenticeship program after January 18, 2018 shall conduct its initial workforce analysis under this section no later than 2 years after the date of registration.
6. (6) Identification of problem areas. When a sponsor, working with the department, determines the percentage of individuals under sub. (3) is less than the utilization goal established under sub. (1), the sponsor shall take steps to determine if impediments to equal opportunities exist and where impediments to equal opportunity exist. In making this determination, a sponsor shall look at the results of its assessment of personnel processes required under s. DWD 296.09 and the effectiveness of its outreach and recruitment efforts required under s. DWD 296.08, if applicable.
7. (7) Action-oriented programs. A sponsor shall undertake action-oriented programs, including targeted outreach, recruitment, and retention activities identified in s. DWD 296.08, designed to correct any problem areas that a sponsor identified pursuant to the review of personnel processes and outreach and recruitment efforts.
8. (8) Utilization goal relation to discrimination. A determination that a sponsor has not attained the utilization goal established under sub. (1) in one or more major occupation groups does not constitute a finding or admission of discrimination in violation of this chapter.
9. (9) Utilization goal not a quota or ceiling. The utilization goal established under sub. (1) shall not be used as a quota or ceiling that limits or restricts the employment of individuals with disabilities as apprentices.

History

History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (1) made under s. 13.92 (4) (b) 7., Stats., and correction in (2) made under s. 35.17, Stats., Register September 2019 No. 765.