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DOL/OASAM RIN: 1291-AA44 Publication ID: Spring 2022 
Title: Revision of the Regulations Implementing Section 188 of the Workforce Innovation and Opportunity Act to Clarify Nondiscrimination and Equal Opportunity Requirements and Obligations Related to Sex 
Abstract:

The U.S. Department of Labor (Department) is proposing to revise its regulations implementing the nondiscrimination and equal opportunity provisions of section 188 of the Workforce Innovation and Opportunity Act (WIOA). 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 sex, among several other protected bases. As required by Executive Order 13988, these proposed regulations would update the nondiscrimination and equal opportunity regulations implementing WIOA section 188 to clarify that discrimination on the basis of sex includes discrimination on the basis of sexual orientation, consistent with the Supreme Court’s decision in Bostock v. Clayton County and subsequent legal developments. The WIOA section 188 regulations already provide that discrimination based on transgender status or gender identity constitutes discrimination based on sex. To ensure that the language of the regulations does not inadvertently exclude individuals based on sex or sex-related characteristics, the proposed rule would clarify that the requirements related to affirmative outreach include persons of various sexual orientations and gender identities; it would also update the regulatory text to use gender-neutral language.

 
Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously 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
Timetable:
Action Date FR Cite
NPRM  08/00/2022 
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
Email: barry-perez.naomi@dol.gov