Section DWD 296.14 - Complaints(1) REQUIREMENTS FOR INDIVIDUALS FILING COMPLAINTS. (a) If an applicant or apprentice of a registered apprenticeship program believes he or she has been discriminated against on the basis of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability with regard to apprenticeship, or been retaliated against in violation of s. DWD 296.17, the applicant or apprentice of a registered apprenticeship program, or the applicant's or apprentice's authorized representative, may file a written complaint with the department.(b) A complaint under par. (a) shall be filed within 300 days of the alleged discrimination or failure to follow the equal opportunity standards. The department may extend the filing time for good cause shown. The time period for filing is for the administrative convenience of the department and does not create a defense for the respondent.(c) Each complaint filed under par. (a) shall be made in writing and contain all of the following information: 1. The applicant's or apprentice of a registered apprenticeship program's name, address, and telephone number, including best method of contact.2. All available information to identify the respondent including name, address, and telephone number.3. A short description of the events that the applicant or apprentice of a registered apprenticeship program believes are discriminatory or a failure to follow equal opportunity standards. The description shall include the date and location the events took place, and why the applicant or apprentice believes the actions were discriminatory or a failure to follow equal opportunity standards.4. The applicant's or apprentice's signature, or the signature of the applicant's or apprentice's authorized representative.(2) REQUIREMENTS OF SPONSORS. A sponsor of a registered apprenticeship program shall provide written notice to all applicants and apprentices of a registered apprenticeship program of their right to file a complaint and identify the procedures to file. The notice shall include the name, address, and telephone number of the department and shall be provided in the application for apprenticeship and displayed in a prominent, publicly available location where all apprentices can see the notice. The notice shall include the following specific wording: Your Right to Equal Opportunity. It is against the law for a sponsor of an apprenticeship program registered for Federal purposes to discriminate against an apprenticeship applicant or apprentice based on race, color, religion, national origin, sex, sexual orientation, age (40 years or older), genetic information, or disability. The sponsor must ensure equal opportunity with regard to all terms, conditions, and privileges associated with apprenticeship. If you think that you have been subjected to discrimination, you may file a complaint within 300 days from the date of the alleged discrimination or failure to follow the equal opportunity standards with [INSERT NAME OF REGISTRATION AGENCY, ADDRESS, PHONE NUMBER, EMAIL ADDRESS, AND CONTACT NAME OF INDIVIDUAL AT THE REGISTRATION AGENCY WHO IS RESPONSIBLE FOR RECEIVING COMPLAINTS]. You may also be able to file complaints directly with the EEOC, or the Wisconsin equal rights division. If those offices have jurisdiction over the sponsor/employer, their contact information is listed below. [INSERT CONTACT INFORMATION FOR EEOC AS PROVIDED ON "EEO IS THE LAW POSTER," AND CONTACT INFORMATION FOR THE WISCONSIN EQUAL RIGHTS DIVISION AS PROVIDED ON THE WISCONSIN EQUAL RIGHTS DIVISION POSTER, AS APPLICABLE]
Each complaint filed must be made in writing and include the following information:
1. Complainant's name, address and telephone number, or other means for contacting the complainant;2. The identity of the respondent ( i.e. the name, address, and telephone number of the individual or entity that the complainant alleges is responsible for the discrimination);3. A short description of the events that the complainant believes were discriminatory, including but not limited to when the events took place, what occurred, and why the complainant believes the actions were discriminatory (for example, because of his/her race, color, religion, sex, sexual orientation, national origin, age (40 or older), genetic information, or disability);4. The complainant's signature or the signature of the complainant's authorized representative.(3) REQUIREMENTS OF THE DEPARTMENT. (a) Complaints received by the department under sub. (1) shall be processed as expeditiously as possible. When conducting complaint investigations, the department shall do all of the following: 1. Provide written notice to the applicant or apprentice of a registered apprenticeship program, acknowledging receipt of the complaint.2. Contact the applicant or apprentice of a registered apprenticeship program to obtain additional information, if necessary to initiate an investigation.3. Initiate an investigation upon receiving a complete complaint.4. Conduct a thorough investigation of the allegations in the complaint and document, at a minimum, all of the following:a. Name, address, and telephone number of each individual interviewed.c. Copies, transcripts, or summaries of pertinent documents.d. A narrative report of the investigation with references to exhibits and other evidence related to the alleged violations.5. Provide written notification of the department's findings to both the respondent and applicant or apprentice of a registered apprenticeship program.(b) If the department finds a violation of the nondiscrimination requirements under this chapter, the department shall attempt to resolve the matter as quickly as possible at the department level. If a complaint of discrimination cannot be resolved to the satisfaction of the applicant or apprentice, the department shall refer the complaint to other federal, state, or local EEO agencies.(c) At its own discretion, the department may refer a complaint to any of the following:1. The U.S. equal employment opportunity commission.2. The U.S. attorney general.3. The department of labor's office of federal contract compliance programs.4. The Wisconsin equal rights division.Wis. Admin. Code Department of Workforce Development DWD 296.14
Cr. Register, August, 1972, No. 200, eff. 9-1-72; am. Register, November, 1978 No. 275, eff. 12-1-78; renum. from Ind 85.24, 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) (a) made under s. 35.17, Stats., and correction in (3) (c) 1., 2. made under s. 13.92(4) (b) 12., Stats., Register September 2019 No. 765, eff. 10/1/2019