Wis. Admin. Code Department of Workforce Development DWD 296.10

Current through November 25, 2024

Section DWD 296.10 - Selection of apprentices

(1) A sponsor's procedures for the selection of apprentices shall be included in the written plan for standards of apprenticeship submitted to and approved by the department under s. DWD 295.02.

(2) A sponsor may utilize any method, or combination of methods, for selection of apprentices if the selection method meets the requirements under 29 CFR 30.10(b).

Cr. Register, August, 1972, No. 200, eff. 9-1-72; am. Register, November, 1978. No. 275, eff. 12-1-78; renum. from Ind 85.20, Register, April, 1981, No. 304, eff. 5-1-81; correction made under s. 13.93(2m) (b) 7, Stats., Register, February, 1996, No. 482; correction made under s. 13.93(2m) (b) 7, Stats., Register November 2002 No. 563.

Adopted by, CR 19-003: cr. Register September 2019 No. 765, eff. 10/1/2019

29 CFR 30.10(b) requires sponsors to utilize any method or combination of methods for selection of apprentices, provided that the selection method used meet the following requirements:

(1) The selection procedures shall comply with the Uniform Guidelines on Employee Selection Procedures (UGESP) in 41 CFR 60.3, including the requirements to evaluate the impact of the selection procedures on race, sex, and ethnic groups (Hispanic/non-Hispanic or Latino) and to demonstrate job-relatedness and business necessity for those procedures that result in adverse impact in accordance with the requirements of UGESP.

(2) The selection procedures shall be uniformly and consistently applied to all applicants and apprentices within each selection procedure utilized.

(3) The selection procedures shall comply with title I of the Americans with Disabilities Act and EEOC's implementing regulations under part 1630. This procedure shall not screen out or tend to screen out an individual with a disability or a class of individuals with disabilities, on the basis of disability, unless the standard, test or other selection criteria, as used by the program sponsor, is shown to be job-related for the position in question and is consistent with business necessity.

(4) The selection procedure shall be facially neutral in terms of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, and disability.