Final rule stripping disparate-impact and affirmative-action provisions from DOL's Title VI regulations

Final ruleDOL

Date
Actor
U.S. Department of Labor, Office of the Assistant Secretary for Administration and Management, Civil Rights Center (Assistant Secretary Dean Heyl)
Agency
Department of Labor (DOL)
Type
Final rule
Section
SUPPLEMENT: DEPARTMENT OF LABOR BEYOND OFCCP: THE WIOA SECTION 188 / 29 CFR PART 38 NONDISCRIMINATION ROLLBACK

Summary

Removes 29 CFR 31.3(b)(2) (general disparate-impact prohibition), 31.3(b)(6) (affirmative action), 31.3(c)(2) (extension of disparate impact to employment practices), and 31.3(d) (illustrative examples); deletes two "or effect" phrases from 31.3(b)(3); and removes references to the revoked Executive Order 11246 from 31.3(c)(3) and 31.12(a)(1). Issued without notice and comment in reliance on the APA's exemption for rules relating to grants and benefits. RIN 1291-AA49. Scope note: this rule addresses only race, color, and national origin under Title VI and does not itself alter any sex or gender-identity protection. It is included here because it is part of the same Civil Rights Center deregulatory program that governs WIOA Title I recipients, and because the companion pending rulemaking (RIN 1291-AA50, below) would carry the same disparate-impact theory into 29 CFR Part 38's sex-discrimination provisions.

Status

In effect since July 2, 2026. No litigation identified.

As recorded in the data of . Check the sources for anything newer.

Documents

Sources

Cite this action

Rescinding Portions of Department of Labor Title VI Regulations, 91 Fed. Reg. 40,372 (July 2, 2026) (codified at 29 C.F.R. pt. 31).

Short form: 91 Fed. Reg. at 40,372.