Promised 29 CFR Part 38 rulemaking on sex discrimination (RIN 1291-AA50) remains unissued

The Unified Agenda carries RIN 1291-AA50, "Modifications to the Regulations Implementing Section 188 of the Workforce Innovation and Opportunity Act (WIOA) with respect to Disparate Impact, Discrimination on the Basis of Sex, & Language Access" (CFR citation 29 CFR 38). The abstract states that the Department plans to issue a direct final rule addressing sex-based discrimination obligations under WIOA Title I "consistent with Executive Orders 14168 and 14281," eliminate disparate-impact liability, clarify that certain language-access actions are not mandatory, and remove references to the revoked Executive Order 11246. The entry lists E.O. 14168 and E.O. 14281 as its only legal authority — no statute — and is classified "Substantive, Nonsignificant," which would keep it outside significant-rule review at OIRA. The projected NPRM date was 07/00/2026. This is the rulemaking foreshadowed by the January 8, 2026 rescission notice's statement that the Department "will consider rulemaking" to align 29 CFR 38.7 with its new interpretation; the choice of a direct final rule would place the burden on the public to generate significant adverse comment to prevent the amendment from taking effect without a proposal.