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DOL/OASAM RIN: 1291-AA44 Publication ID: Fall 2021 
Title: ●Revisions to the Rule Implementing the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act 

The purpose of this action is to revise the implementing regulations for the nondiscrimination and equal opportunity provisions of the Workforce Innovation and Opportunity Act (WIOA) found at 29 CFR part 38 which are authorized in section 188 of WIOA. Section 188 prohibits discrimination on the basis of sex. However, DOL’s implementing regulations for section 188 were issued before the U.S. Supreme Court’s decision in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), and do not provide that discrimination based on sex includes discrimination based on sexual orientation.

Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 29 CFR 38   
Legal Authority: 29 U.S.C. 3248   
Legal Deadline:  None
Action Date FR Cite
NPRM  02/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Naomi Barry-Perez
Director, Civil Rights Center
Department of Labor
Office of the Assistant Secretary for Administration and Management
200 Constitution Avenue NW, FP Building, Room N-4123,
Washington, DC 20210
Phone:202 693-6500
TDD Phone:800 877-8339
Fax:202 693-6505