On January 20,2025, President Trump issued Executive Order (E.O.) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. E.O. 14168 seeks to defend women’s rights and protect freedom of conscience by using clear and accurate language and policies that recognize women are biologically female, and men are biologically male. The U.S. Department of Labor (the Department) plans to issue a direct final rule that addresses the obligations of recipients of financial assistance under Title I of the Workforce Innovation and Opportunity Act (WIOA) with respect to sex-based discrimination and harassment in a manner consistent with E.O. 14168, the Department’s authority under WIOA, and constitutional jurisprudence.

Additionally, on April 23, 2025, President Trump issued E.O. 14281, Restoring Equality of Opportunity and Meritocracy.” Consistent with E.O. 14281, the Department plans to amend its regulations implementing WIOA to eliminate disparate impact liability via a direct final rule. These amendments will be aimed at aligning the conduct prohibited by the Department’s regulations with both WIOA’s original meaning and recent DOJ rulemaking regarding disparate impact, as well as avoiding constitutional concerns.

This rule will also clarify that certain actions aimed at ensuring access for limited English Proficiency (LEP) individuals framed as legal obligations are not mandatory. Finally, the rule will make technical edits to delete references to the now-revoked Executive Order 11246.