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DOL/OASAM RIN: 1291-AA44 Publication ID: Spring 2023 
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 

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. 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. Additionally, the proposed regulations would clarify that discrimination on the basis of sex under WIOA Section 188 necessarily includes discrimination on the basis of sex characteristics. With regard to discrimination based on pregnancy, childbirth, and related conditions, another form of sex discrimination, the proposed regulations would clarify that termination of a pregnancy is an example of a medical condition related to pregnancy or childbirth. To make clear that the language of the regulations in no way excludes individuals based on sex or sex-related characteristics, the proposed rule would also: (1) clarify that the requirements related to affirmative outreach include persons of diverse sexual orientations, gender identities, and sex characteristics; and (2) 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
Action Date FR Cite
NPRM  08/00/2023 
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