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The U.S. Department of Labor (Department) is proposing to issue nondiscrimination and equal opportunity regulations replacing its part 38 final rule, issued on July 23, 2015 (80 FR 43871), which implemented Section 188 of the Workforce Innovation and Opportunity Act of 2014 (WIOA). Signed by President Obama on July 22, 2014, WIOA supersedes the Workforce Investment Act of 1998 (WIA) as the Department’s primary mechanism for providing financial assistance for a comprehensive system of job training and placement services for adults and eligible youth. Section 188 of WIOA prohibits the exclusion of an individual from participation in, denial of the benefits of, discrimination in, or denial of employment in the administration of or in connection with, any programs and activities funded or otherwise financially assisted in whole or in part under title I of WIOA because of race, color, religion, sex, national origin, age, disability, political affiliation, or belief, and for beneficiaries only, citizenship status, or participation in a program or activity that receives financial assistance under title I of WIOA. These proposed regulations would update part 38 consistent with current law and address its application to current workforce development and workplace practices and issues. 

WIOA became fully effective on July 22, 2015, and contains the identical provisions of section 188 as appeared in WIA. To ensure no gap in coverage while this rulemaking progresses toward a final rule, the Department is issuing simultaneously with publication of this NPRM a final rule as 29 CFR part 38 implementing section 188 of WIOA, which would apply during the interim period between July 22, 2015, and issuance of the final rule based on this NPRM. The final rule issued separately today retains the provisions in part 37 but substitutes all references to WIA with WIOA to reflect the proper statutory authority. This NPRM revises the part 38 rule. This proposed rule generally carries over the policies and procedures found in 29 CFR parts 37 and 38, which implement the equal opportunity and nondiscrimination provisions of WIA and WIOA, respectively. Like the part 38 final rule issued today, this rule is organized by the same subparts A through E, and refers to changes or revisions made to the part 38 language. Each subpart has significant revisions.