Notification of Rescission of the 2022 Interpretation of Section 188 of the Workforce Innovation and Opportunity Act

Résumé

This notice rescinds guidance that defines the term "sex" for purposes of the Department of Labor's anti-discrimination provisions of its workforce funding and development programs. Specifically, the guidance that is the subject of this notice construed the term "because of . . . sex" to include transgender status and gender identity, based on the Supreme Court case Bostock v. Clayton County. The Department of Labor now rescinds this guidance because later court cases found that the term "sex", as it is used in the context of education funding in Title IX, does not include transgender status or gender identity, and that the holding in Bostock v. Clayton County, which was about Title VII, does not apply to Title IX. This rule is effective immediately and rescinds the former guidance in its entirety.