Section 3 · The General Welfare
18 Department of Labor and Related Agencies
Jonathan Berry, who wrote this chapter, holds a post in the part of government it covers: Solicitor of Labor. Since Oct 7, 2025.
- 4 done
- 18 partially done
- 15 attempted
- 74 not started
- 3 already true
What has happened
The Mandate said
“Eliminate OFCCP. The Office of Federal Contract Compliance Programs (OFCCP) exists to enforce Executive Order (EO) 11246.”
What happened
Partially done
OFCCP published three final rules the same day: the Executive Order 11246 regulations are rescinded (effective 2026-10-26), and the Section 503 and VEVRAA regulations are revised to drop their Executive Order 11246 cross-references (effective 2026-09-21). The office's contract-compliance mandate is gone, but the office is not — it issued these rules in its own name and remains the enforcer of Section 503 and VEVRAA, which are statutes the President cannot revoke.
- DOL/OFCCP final rule: Rescission of Executive Order 11246 Implementing Regulations, effective 2026-10-26
- OFCCP final rule: Modifications to the Regulations Implementing Section 503 of the Rehabilitation Act of 1973, effective 2026-09-21
- OFCCP final rule: Modifications to the Regulations Implementing the Vietnam Era Veterans' Readjustment Assistance Act of 1974, effective 2026-09-21
The Mandate said
“Eliminate disparate impact as a valid theory of discrimination for race and other bases under Title VII and other laws. Disparities do not (and should not legally) imply discrimination per se.”
What happened
Partially done
The sweep through the "other laws" continued: Commerce (2026-04-16) and Interior (2026-05-22) removed disparate impact from their Title VI regulations, the CFPB removed the effects test from Regulation B under the Equal Credit Opportunity Act (2026-04-22), and HHS did the same for its Title VI regulations on this date. HUD's parallel Fair Housing Act rule was still only a proposal on 2026-08-10. Title VII itself is untouched: 42 U.S.C. 2000e-2(k) remains law and no bill to repeal it was found in the 119th Congress.
- HHS final rule: Rescinding Portions of the HHS Title VI Regulations To Align With the Statutory Text and Conform to Executive Order 14281
- CFPB final rule: Equal Credit Opportunity Act (Regulation B) — removing disparate-impact liability
- Commerce final rule: Rescinding Portions of Department of Commerce Title VI Regulations To Implement Executive Order 14281
- Interior final rule: Rescinding Portions of Department of the Interior Title VI Regulations To Implement Executive Order 14281
The Mandate said
“Eliminate disparate impact as a valid theory of discrimination for race and other bases under Title VII and other laws. Disparities do not (and should not legally) imply discrimination per se.”
What happened
Partially done
This is the first executive act aimed at Title VII itself, the law the Quote names first. The Office of Legal Counsel issued an opinion to the EEOC that "its guidelines about disparate-impact liability under Title VII of the Civil Rights Act are unconstitutional", which the Justice Department says "helps to implement Executive Order 14281". By the release's account, the opinion holds that employers may use job-related practices such as aptitude tests, knowledge tests and criminal-background checks if the practice is "reasonable, useful, or helps serve a valid business purpose". A plaintiff must show that the specific practice caused the disparity and must identify an equally effective alternative. That narrows the theory under Title VII as the executive reads it. It does not eliminate it: 42 U.S.C. 2000e-2(k) is still law, and courts are not bound by an OLC opinion. The opinion itself (second citation) was read on 2026-10-01. It names the Uniform Guidelines, 29 CFR part 1607, as the guidelines it reaches.
The Mandate said
“Direct agencies to refocus enforcement of sex discrimination laws. The President should direct agencies to focus their enforcement of sex discrimination laws on the biological binary meaning of “sex.””
What happened
Partially done
The Department of Labor rescinded, in its entirety and effective immediately, its 2022 interpretation of section 188 of the Workforce Innovation and Opportunity Act — the guidance that read "because of … sex" in DOL's workforce-program anti-discrimination rules to include transgender status and gender identity on the authority of *Bostock*. This is the Chapter 18 agency carrying out the direction on its own enforcement, the first such documented step found on an allowlisted source.
The Mandate said
“Eliminate disparate impact as a valid theory of discrimination for race and other bases under Title VII and other laws. Disparities do not (and should not legally) imply discrimination per se.”
What happened
Partially done
DOJ's final rule struck the disparate-impact provisions from its own Title VI regulations (28 CFR 42.104), the regulations the President had already withdrawn approval from in section 3 of Executive Order 14281. Disparate impact is gone as a theory under Title VI as DOJ administers it — one of the Quote's "other laws".
Still to come
Executive action 30
- Printed page 590 Exempt home offices from OSHA rules and home-office costs from the regular rate Notable Not started
- Printed page 593 Reinstate the PRO Good Guidance rule at DOL Notable Not started
- Printed page 595 Amend hazard-order regulations to let trained teenagers work dangerous jobs Notable Not started
- Printed page 601 Investigate worker centers and require them to file financial disclosures Notable Not started
- Printed page 603 Eliminate the NLRB contract bar rule Notable Not started
- Printed page 604 End mandatory Project Labor Agreement requirements Notable Not started
- Printed page 605 Offer states waivers from Social Security Act UI requirements Notable Not started
- Printed page 605 Condition public UI funds on 501(c)(3) political spending restrictions Notable Not started
- Printed page 608 Remove ESG-encouraging mutual fund windows from the Thrift Savings Plan Notable Not started
- Printed page 608 Pull federal pension funds from BlackRock and State Street Notable Not started
- Printed page 609 Use DOL oversight of FRTIB to prohibit TSP investment in China Notable Not started
- Printed page 586 Have EEOC disclaim its regulatory pretensions Minor Not started
- Printed page 586 Require EEOC action by majority vote of Commissioners Minor Not started
- Printed page 587 Have EEOC disclaim power to enter consent decrees Minor Not started
- Printed page 587 Reorient EEOC enforcement toward disability, religion, and pregnancy claims Minor Not started
Needs Congress 44
- Printed page 593 Amend the Administrative Procedure Act to limit guidance documents Major Not started
- Printed page 603 Discard card check and mandate secret ballot union elections Major Not started
- Printed page 603 Amend the NLRA to make national employment laws negotiable defaults Major Not started
- Printed page 604 Repeal the Davis–Bacon Act Major Not started
- Printed page 605 Pass legislation allowing state waivers from federal labor laws Major Not started
- Printed page 611 Cap and phase down the H-2A visa program Major Not started
- Printed page 612 Cap and phase out the H-2B visa program Major Not started
- Printed page 613 Amend the law to let employers prefer hiring American citizens Major Not started
- Printed page 583 Amend Title VII to bar EEOC collection of EEO-1 racial data Notable Not started
- Printed page 585 Pass a law requiring equal or greater benefits for pregnancy and childbirth Notable Not started
- Printed page 585 Clarify that ERISA does not preempt state abortion restrictions Notable Not started
- Printed page 587 Enact the Working Families Flexibility Act Notable Not started
- Printed page 588 Double the work-based retirement contribution limit for married couples Notable Not started
- Printed page 588 Require the Consumer Price Index basket to include family-essential goods Notable Not started
- Printed page 589 Amend the FLSA to require time-and-a-half for Sabbath work Notable Not started
All recommendations in this chapter
Every recommendation this chapter is the home of, in printed-page order.
- Printed page 582 Issue an executive order banning federally funded critical race theory training Needs Congress Partially done
- Printed page 582 Direct DOJ and EEOC to enforce Title VII against racial classifications and quotas Done
- Printed page 583 Eliminate EEO-1 data collection Attempted
- Printed page 583 Amend Title VII to bar EEOC collection of EEO-1 racial data Needs Congress Not started
- Printed page 583 Eliminate disparate impact as a theory of discrimination under Title VII Needs Congress Partially done
- Printed page 583 Sign an executive order forbidding OFCCP use of disparate impact Partially done
- Printed page 583 Eliminate the Office of Federal Contract Compliance Programs Partially done
- Printed page 584 Rescind Executive Order 11246 Done
- Printed page 584 Restrict Bostock to hiring and firing Partially done
- Printed page 584 Withdraw agency notices and guidances applying Bostock broadly Partially done
- Printed page 584 Rescind regulations barring sexual orientation and gender identity discrimination Partially done
- Printed page 585 Direct agencies to enforce sex discrimination law on the biological binary Partially done
- Printed page 585 Pass a law requiring equal or greater benefits for pregnancy and childbirth Needs Congress Not started
- Printed page 585 Clarify that ERISA does not preempt state abortion restrictions Needs Congress Not started
- Printed page 586 Issue an executive order protecting religious employers and employees Partially done
- Printed page 586 Clarify Title VII’s religious organization exemptions Needs Congress Not started
- Printed page 586 Redefine Title VII undue hardship as significant difficulty or expense Needs Congress Not started
- Printed page 586 Have EEOC disclaim its regulatory pretensions Not started
- Printed page 586 Require EEOC action by majority vote of Commissioners Not started
- Printed page 587 Have EEOC disclaim power to enter consent decrees Not started
- Printed page 587 Reorient EEOC enforcement toward disability, religion, and pregnancy claims Not started
- Printed page 587 Enact the Working Families Flexibility Act Needs Congress Not started
- Printed page 587 Amend the FLSA to exclude on-site childcare costs from the regular rate Needs Congress Not started
- Printed page 588 Redirect the Women’s Bureau research budget to open inquiry Not started
- Printed page 588 Double the work-based retirement contribution limit for married couples Needs Congress Not started
- Printed page 588 Establish an Assistant Commissioner for Family Statistics at BLS Needs Congress Not started
- Printed page 588 Create a monthly BLS pilot survey of American family wellbeing Needs Congress Not started
- Printed page 588 Require the Consumer Price Index basket to include family-essential goods Needs Congress Not started
- Printed page 589 Amend the FLSA to require time-and-a-half for Sabbath work Needs Congress Not started
- Printed page 589 Limit telework overtime to days exceeding 10 hours of work Needs Congress Not started
- Printed page 590 Have DOL limit timekeeping requirements for teleworking employees Partially done
- Printed page 590 Exempt home offices from OSHA rules and home-office costs from the regular rate Not started
- Printed page 591 Restore the 2019 and 2021 independent contractor rules Attempted
- Printed page 591 Enact a bright-line employee vs. independent contractor test Needs Congress Not started
- Printed page 591 Create a safe harbor for firms offering independent workers earned benefits Needs Congress Not started
- Printed page 591 Restore the direct-and-immediate-control joint employer standard Partially done
- Printed page 591 Enact the Save Local Business Act Needs Congress Not started
- Printed page 592 Keep an overtime threshold that does not punish lower-cost regions Done
- Printed page 592 Base the overtime regular rate on salary rather than benefits Needs Congress Not started
- Printed page 592 Allow overtime to be calculated over two- or four-week periods Needs Congress Not started
- Printed page 593 Reinstate the PRO Good Guidance rule at DOL Not started
- Printed page 593 Amend the Administrative Procedure Act to limit guidance documents Needs Congress Not started
- Printed page 594 Use the Regulatory Flexibility Act to exempt small entities from labor rules Not started
- Printed page 594 Raise the revenue thresholds for NLRB jurisdiction Needs Congress Not started
- Printed page 594 Exempt small first-time non-willful violators from OSHA fines Needs Congress Partially done
- Printed page 594 Implement an industry-recognized apprenticeship program outside the RAP Attempted
- Printed page 595 Re-create the IRAP system by statute Needs Congress Not started
- Printed page 595 Enable religious organizations to run apprenticeship programs Attempted
- Printed page 595 Amend hazard-order regulations to let trained teenagers work dangerous jobs Not started
- Printed page 595 Create a $10,000 employer grant for on-the-job training Needs Congress Not started
- Printed page 596 Apply skills-based hiring standards to federal contractors Attempted
- Printed page 596 Prohibit BA requirements in private sector job descriptions Needs Congress Not started
- Printed page 597 Streamline workforce development programs in WIOA reauthorization Needs Congress Attempted
- Printed page 598 Enact unemployment insurance program integrity reforms Needs Congress Partially done
- Printed page 598 Commission a congressional report on UI technical standards Needs Congress Not started
- Printed page 598 Give DOL graduated enforcement tools for the UI system Needs Congress Not started
- Printed page 598 Review the $2 billion American Rescue Plan UI procurements Partially done
- Printed page 599 Pass the Teamwork for Employees and Managers (TEAM) Act Needs Congress Not started
- Printed page 600 Enact the Intermediate Bodies Rule and restore the T-1 Trust Annual Report Not started
- Printed page 600 Expand funding for the Office of Labor-Management Standards Needs Congress Not started
- Printed page 600 Have NLRB treat union political conflicts as breaches of fair representation Not started
- Printed page 601 Return to the Alstate Maintenance protected concerted activity standard Attempted
- Printed page 601 Increase NLRB use of Section 10(j) injunctive relief Partially done
- Printed page 601 Investigate worker centers and require them to file financial disclosures Not started
- Printed page 602 Let OLMS open union investigations without a formal complaint Not started
- Printed page 602 Rescind the persuader rule if revived Not started
- Printed page 603 Discard card check and mandate secret ballot union elections Needs Congress Not started
- Printed page 603 Eliminate the NLRB contract bar rule Not started
- Printed page 603 Amend the NLRA to make national employment laws negotiable defaults Needs Congress Not started
- Printed page 604 End mandatory Project Labor Agreement requirements Not started
- Printed page 604 Repeal the Davis–Bacon Act Needs Congress Not started
- Printed page 605 Approve non-public worker organizations as UI administrators Not started
- Printed page 605 Offer states waivers from Social Security Act UI requirements Not started
- Printed page 605 Condition public UI funds on 501(c)(3) political spending restrictions Not started
- Printed page 605 Pass legislation allowing state waivers from federal labor laws Needs Congress Not started
- Printed page 606 Bar extra qualifications in federally funded occupational licensing compacts Needs Congress Not started
- Printed page 606 Stop federally funded programs from locking qualified licensees out of work Needs Congress Not started
- Printed page 606 Repromulgate and codify the Trump-era Wagner–Peyser staffing flexibility rule Needs Congress Partially done
- Printed page 606 Remove ESG considerations from ERISA Attempted
- Printed page 607 Prohibit non-pecuniary factors in ERISA plan investing Attempted
- Printed page 607 Return to the Trump-era pecuniary-factors-only ERISA rule Attempted
- Printed page 607 Subject ERISA plan investment in China to greater scrutiny Not started
- Printed page 608 Remove ESG-encouraging mutual fund windows from the Thrift Savings Plan Not started
- Printed page 608 Pull federal pension funds from BlackRock and State Street Not started
- Printed page 608 Bring enforcement actions against BlackRock and State Street over the TSP Not started
- Printed page 608 Authorize FRTIB independent proxy voting for TSP holdings Needs Congress Not started
- Printed page 609 Use DOL oversight of FRTIB to prohibit TSP investment in China Not started
- Printed page 609 Enact legislation prohibiting TSP investment in China Needs Congress Not started
- Printed page 609 Require public pension plans to disclose fair market funding values Needs Congress Not started
- Printed page 609 Reform multiemployer pensions to match single-employer protections Needs Congress Not started
- Printed page 610 Make PBGC file its annual report on time with fair-market value data Not started
- Printed page 610 Have PBGC use its authority against underfunded multiemployer plans Not started
- Printed page 610 Raise the PBGC variable rate premium and end the per-participant cap Needs Congress Not started
- Printed page 611 Issue clear ESOP valuation and fiduciary conduct regulations Attempted
- Printed page 611 Cap and phase down the H-2A visa program Needs Congress Not started
- Printed page 611 Fund an agricultural automation industry consortium Needs Congress Not started
- Printed page 612 Cap and phase out the H-2B visa program Needs Congress Not started
- Printed page 612 Require federal contractors to employ at least 70 percent U.S. citizens Needs Congress Not started
- Printed page 613 Amend the law to let employers prefer hiring American citizens Needs Congress Not started
- Printed page 613 Follow OIG recommendations on visa fraud investigations and debarments Not started
- Printed page 613 Replicate USMCA labor provisions in future free trade agreements Not started
- Printed page 613 Have future FTAs eliminate all forms of forced or compulsory labor Not started
- Printed page 613 Have future FTAs protect workers’ organizing rights from employer interference Not started
- Printed page 614 Include supply-chain transparency mechanisms in Trade Promotion Authority Needs Congress Not started
- Printed page 614 Include a general prohibition on forced labor in Trade Promotion Authority Needs Congress Not started
- Printed page 614 Refocus ILAB investigations on foreign labor abuses harming U.S. workers Partially done
- Printed page 615 Cut labor agency budgets to the low end of the historical average Needs Congress Attempted
- Printed page 615 Concentrate spending cuts in the Employment and Training Administration Needs Congress Attempted
- Printed page 615 Focus health and safety inspections on egregious offenders Not started
- Printed page 615 Maximize the number of political appointees at DOL Attempted
- Printed page 615 Appoint new EEOC and NLRB general counsels on Day One Day one Partially done
- Printed page 615 Impose a hiring freeze on career officials Done
- Printed page 615 Fully staff the Office of Compliance Initiatives Not started
- Printed page 616 Move the Office of Foreign Labor Certification out of ETA Attempted
No recommendations in this tier.