Proposed rule to rescind the affirmative outreach requirements at 29 CFR 38.40

Proposes to remove 29 CFR 38.40 in its entirety and make conforming edits. Section 38.40 obligated every WIOA Title I recipient — including every American Job Center — to take affirmative steps (advertising, recruitment, and outreach "reasonably calculated" to reach all protected groups) to make its programs known and accessible across the § 188 protected bases, which by operation of 29 CFR 38.7(a) included transgender status and gender identity. The Department asserts that WIOA § 188 contains no statutory authorization for an outreach mandate and raises equal-protection concerns about race-conscious requirements under Students for Fair Admissions v. Harvard. RIN 1291-AA47; comments due July 31, 2025. The proposal discusses "sex" only as a listed protected characteristic and does not separately address gender identity — the transgender-specific effect operates through § 38.7's definition, which the proposal leaves untouched.