The Department of Labor (DOL) has finalized revisions to its regulations governing the nondiscrimination provisions of the federal Workforce Innovation and Opportunity Act (WIOA). The revised regulations, which apply to employers that have certain roles in implementation of federally funded job training programs, in essence expand upon regulatory requirements enforced under former workforce training laws.
Of particular interest to affected employers are the expanded sections related to discrimination based on sex, which now include a broader discussion of pregnancy discrimination and discrimination based on sex stereotyping, transgender status, and gender identity. The revised regulations also contain sections addressing national origin discrimination and limited English proficiency, as well as provisions related to disability discrimination.
Based on our analysis, the revisions to the nondiscrimination provisions appear relatively consistent with legal interpretations of nondiscrimination requirements issued by the federal EEO enforcement agencies, including the Equal Employment Opportunity Commission (EEOC) and DOL’s Office of Federal Contract Compliance Programs (OFCCP).
A copy of the revised regulations is available here.
Members of the Equal Employment Advisory Council (EEAC) can read more here.