Section DWD 296.05 - Utilization analysis for race, sex, and ethnicity(1) UTILIZATION ANALYSIS. A utilization analysis provides sponsors with a method for assessing whether possible barriers to apprenticeship exist for particular groups of individuals by determining whether the race, sex, and ethnicity of apprentices in a sponsor's registered apprenticeship program is reflective of individuals available for apprenticeship by race, sex, and ethnicity in the relevant recruitment area. Where significant disparity exists between availability and representation, a sponsor shall be required to establish a utilization goal under s. DWD 296.06.(2) ANALYSIS OF APPRENTICESHIP PROGRAM. A sponsor shall analyze the race, sex, and ethnic composition of its apprentice workforce. A sponsor shall group all apprentices in their registered apprenticeship program by occupation title, then for each occupation represented, a sponsor shall identify the race, sex, and ethnicity of its apprentices within that occupation.(3) SCHEDULE OF ANALYSIS. A sponsor shall conduct an apprenticeship program workforce analysis at each compliance review and again if three years have passed without a compliance review. The updated workforce analysis shall be compared to the utilization goal established at the sponsor's most recent compliance review to determine if the sponsor is underutilized as prescribed under sub. (6).(4) COMPLIANCE DATE. (a) An existing sponsor of a registered apprenticeship program as of January 18, 2018 shall conduct its first workforce analysis under this section no later than 2 years after January 18, 2018.(b) A new sponsor registered after January 18, 2018 shall conduct its initial workforce analysis under this section, no later than 2 years after the date of registration.(5) AVAILABILITY ANALYSIS. (a) An availability analysis establishes a benchmark to compare to the demographic composition of a sponsor's apprenticeship program to determine if barriers to equal opportunity may exist in a sponsor's registered apprenticeship program.(b) Availability is an estimate of the number of qualified individuals available for apprenticeship by race, sex, and ethnicity expressed as a percentage of all qualified individuals available for apprenticeship in a sponsor's relevant recruitment area.(c) In determining availability, all of the following factors shall be considered for each major occupation group represented in a sponsor's registered apprenticeship program standards: 1. The percentage of individuals who are eligible for enrollment in the registered apprenticeship program within a sponsor's relevant recruitment area broken down by race, sex, and ethnicity.2. The percentage of the sponsor's employees who are eligible for enrollment in the registered apprenticeship program.(d) In determining availability, the relevant recruitment area is defined as the geographical area from which the sponsor usually seeks or reasonably could seek apprentices. A sponsor shall identify the relevant recruitment area in its written affirmative action plan under s. DWD 296.04(3). A sponsor may not draw its relevant recruitment area in a way that would have the effect of excluding individuals based on race, sex, or ethnicity from consideration, and shall develop a brief rationale for selection of that recruitment area.(e) Availability shall be derived from the most current and discrete statistical information available. Note: Examples of current and discrete statistical information may include census data, data from local job service offices, and data from colleges or other training institutions.
(f) A sponsor, working with the department, shall conduct an availability analysis at each compliance review.(6) RATE OF UTILIZATION. To determine the rate of utilization, a sponsor, working with the department, shall group each occupation title in the registered apprenticeship program by major occupation group and compare the racial, sex, and ethnic representation within each major occupation group to the racial, sex, and ethnic representation available in the relevant recruitment area, as determined in sub. (5). When a sponsor's utilization of women, Hispanics or Latinos, or a particular racial minority group is significantly less than would be reasonably expected given the availability of women, Hispanics or Latinos, or a particular racial minority group for apprenticeship, a sponsor shall establish a utilization goal for the affected group as prescribed under sub. (5). Sponsors are not required or expected to establish goals where no significant disparity in utilization rates have been found.Wis. Admin. Code Department of Workforce Development DWD 296.05
Cr. Register, July, 1967, No. 159, eff. 8-1-67; r. and recr. Register, August, 1972, No. 200, eff. 9-1-71; am. Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.15, Register, April, 1981, No. 304, eff. 5-1-81; corrections made under s. 13.93(2m) (b) 7, Stats., Register, February, 1996, No. 482.Adopted by, CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (2) made under s. 35.17, Stats., Register September 2019 No. 765, eff. 10/1/2019