Section 50.03. Definitions.

  In this chapter:

(1)  "Balanced work force" means an equitable representation of qualified handicapped persons, minorities and women in each level of a work force which approximates the percentage of handicapped persons, minorities and women available for jobs at any particular level from the relevant labor market. For construction work, the relevant labor market consists of all craft journeypersons, all craft indentured apprentices and all qualified apprentice applicants available for employment for a specific project. Persons in the construction workforce shall be excluded from the labor market where the contractor can show that these persons are unwilling to make themselves available at the job site for employment on a regular and ongoing basis.

(2)  "Contracting agency" means any department, commission, board or other agency of state government with authority to purchase or contract for equipment, construction work, materials, supplies, or contractual services as defined in s. 16.70 (3) , Stats.

(3)  "Contractor" means any person, or entity providing equipment, construction work, materials, supplies, contractual services or leasing real property to a contracting agency of the state.

(4)  "Construction work" means all labor and materials used in the framing or assembling of component parts in the erection, installation, enlargement, alteration, repair, moving, conversion, razing, demolition or removal of any appliance, device, equipment, building, structure or facility as defined in s. 16.87 (1) (a) , Stats.

(5)  "Department" means the department of administration.

(6)  "Handicapped person" means any person who:

(a) Has a physical or mental impairment which substantially limits one or more major life activities;

(b) Has a record of such an impairment; or

(c) Is regarded as having such an impairment.

(7)  "Minorities" means persons whose race or ethnic group is either:

(a) American Indian or Alaskan Native—persons with origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition;

(b) Asian or Pacific Islander—persons having origins in the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands;

(c) Black—persons not of Hispanic culture having origins in any of the Black racial groups of Africa; or

(d) Hispanic—individuals of Mexican, Puerto Rican, Caribbean, Central or South American or other Spanish culture or origin, regardless of race.

(8)  "Qualified handicapped person" means, with respect to employment, a person with a handicap who is capable of performing the essential functions of the job for which the person is being considered with reasonable accommodation to the person's handicap; and with respect to employment-related training programs, a handicapped person who meets both the eligibility requirements for participation in the program and valid job or training qualifications with reasonable accommodation.

(9)  "Reasonable accommodation" means the changes and modifications that could be made in the structure of a job or employment and training program, or in the manner in which a job is performed or employment and training is conducted, unless it would impose an undue hardship on the operation of the contractor's or subcontractor's business.

(10)  "Subcontractor" means a person or company that assumes by secondary contract some or all of the obligations of an original contractor.

History: Cr. Register, July, 1981, No. 307 , eff. 8-1-81; correction in (2) made under s. 13.92 (4) (b) 7. , Stats., Register July 2011 No. 667 .

Note

Reasonable accommodation may include making the facilities used by the employers or employees, including hallways, restrooms, cafeterias and lounges readily accessible to handicapped persons. It also may include job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters, and other similar action. Microsoft Windows NT 6.1.7601 Service Pack 1