Section DWD 296.11 - Invitation to self-identify as an individual with a disability(1) PRE-OFFER INVITATION. A sponsor adopting an affirmative action program under s. DWD 296.04 shall invite applicants for apprenticeship to inform the sponsor whether the applicant believes he or she is an individual with a disability, as defined in s. DWD 296.02(12). This invitation shall be provided to each applicant when the applicant applies or is considered for apprenticeship. The invitation may be included with the application materials for apprenticeship but shall be separate from the application.(2) POST-OFFER INVITATION. Any time after acceptance into the registered apprenticeship program, but before the applicant begins his or her apprenticeship, a sponsor shall invite the applicant to inform the sponsor whether the applicant believes they are an individual with a disability, as defined under s. DWD 296.02(12).(3) APPRENTICES. Within the time frame identified under sub. (7) a sponsor shall provide a one-time invitation to each current apprentice to inform that sponsor if the apprentice is an individual with a disability, as defined under s. DWD 296.02(12). A sponsor shall make this invitation using the language and manner prescribed by the U.S. department of labor employment and training administration. A sponsor shall remind apprentices on a yearly basis that the apprentice may voluntarily update their disability status. Note: You can access the U.S. Department of Labor Employment Training Administration resources at https://www.doleta.gov/oa/eeo/tools/disability-self-identification.cfm or call (866) 487-2365.
(4) VOLUNTARY SELF-IDENTIFICATION FOR APPRENTICES. A sponsor shall not compel or coerce an individual to self-identify as an individual with a disability.(5) CONFIDENTIALITY. A sponsor shall keep all information on self-identification confidential and shall maintain the information in a data analysis file and not the medical files of individual apprentices as prescribed under s. DWD 296.12(5). A sponsor shall provide self-identification information to the department as requested and may not use the information except in accordance with this chapter.(6) OBLIGATION OF SPONSOR. A sponsor under this section is not relieved of its obligation to take affirmative action with respect to applicants and apprentices who identified as an individual with a disability. In addition, a sponsor is not relieved of its liability for discrimination in violation of this section.(7) COMPLIANCE DATES. (a) A sponsor with a registered apprenticeship program shall begin inviting applicants and apprentices to identify as individuals with a disability under this section no later than 2 years after January 18, 2018. A sponsor shall invite each of its current apprentices to voluntarily inform the sponsor whether the apprentice believes that he or she is an individual with a disability, as defined under s. DWD 296.02(12), no later than 2 years after January 18, 2018.(b) A sponsor registering with the department after January 18, 2018, shall begin inviting applicants and apprentices to identify as individuals with disabilities, as prescribed in this section, no later than 2 years after the date of registration. A sponsor under this section shall also invite each of its current apprentices to voluntarily inform the sponsor whether the apprentice believes that he or she is an individual with a disability, as defined under s. DWD 296.02(12), no later than 2 years after the date of registration.Wis. Admin. Code Department of Workforce Development DWD 296.11
Cr. Register, August, 1972, No. 200, eff. 9-1-72; am Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.21, Register, April, 1981, No. 304, eff. 5-1-81.Adopted by, CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (1) to (3), (7) made under s. 35.17, Stats., Register September 2019 No. 765, eff. 10/1/2019