Labor Dept. Abruptly Rescinds Transgender Anti-Discrimination Guidance
Published Date: 1/8/2026
Notice
Summary
The Department of Labor just canceled its 2022 rule that said anti-discrimination protections for 'sex' included transgender status and gender identity in workforce programs. This change affects anyone involved in programs funded by the Workforce Innovation and Opportunity Act and takes effect immediately on January 8, 2026. No new money is involved, but the way discrimination is understood and handled will shift back to older court interpretations.
Analyzed Economic Effects
1 provisions identified: 0 benefits, 1 costs, 0 mixed.
WIOA 'Sex' Definition Rescinded
On January 8, 2026, the Department of Labor rescinded its April 7, 2022 interpretation that had said the WIOA ban on discrimination "because of . . . sex" includes transgender status, gender identity, and sexual orientation. This change takes effect immediately, involves no new funding, and directs enforcement under WIOA to be interpreted consistently with recent court decisions and Title IX rulings that do not extend Bostock to cover gender identity or sexual orientation.
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