Section DWD 296.06 - Establishment of utilization goals for race, sex, and ethnicity(1) A sponsor required to establish a utilization goal under s. DWD 296.05 for a particular sex, racial group, or ethnic group in a major occupation in its registered apprenticeship program, working with the department, shall establish a percentage goal at least equal to the availability figure under s. DWD 296.05(5), for that major occupation group.(2) A sponsor's determination under s. DWD 296.05 that a utilization goal is required does not constitute a finding or admission of discrimination.(3) Utilization goals shall serve as objectives or targets reasonably attainable by means of applying every good faith effort to make all aspects of the entire affirmative action program work. Utilization goals are used to measure the effectiveness of a sponsor's outreach, recruitment, and retention efforts. In establishing utilization goals, all of the following principles shall be applied: (a) Utilization goals may not include rigid and inflexible quotas that must be met or be considered either a ceiling or a floor for the selection of particular groups as apprentices. Quotas are expressly forbidden.(b) Utilization goals may not provide a sponsor with a justification to extend a preference to any individual, select an individual, or adversely affect an individual's status as an apprentice, on the basis of that individual's race, sex, or ethnicity.(c) Utilization goals shall not create set-asides for specific groups and are not intended to achieve proportional representation or equal results.(d) Utilization goals may not be used to supersede eligibility requirements for apprenticeship. Affirmative action programs prescribed in this chapter do not require sponsors to select an individual who lacks qualifications to participate in the registered apprenticeship program successfully or select a less-qualified person in preference to a more qualified one.Wis. Admin. Code Department of Workforce Development DWD 296.06
Cr. Register, July, 1967, No. 139, eff. 8-1-67; r. and recr. Register, August, 1972, No. 200, eff. 9-1-72; am. Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.16, Register, April, 1981, No. 304, eff. 5-1-81; corrections made under s. 13.93(2m) (b) 4 and 7., Stats., Register, February, 1996, No. 482.Adopted by, CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (3) (intro.) made under s. 35.17, Stats., Register September 2019 No. 765, eff. 10/1/2019