Project 2025 Tracker / What’s done, what’s next

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

Major recommendations (13)

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OFCCP published three final rules the same day: the Executive Order 11246 regulations are rescinded (effective 2026-10-26), and the Section 503 and VEVRAA regulations are revised to drop their Executive Order 11246 cross-references (effective 2026-09-21).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.

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.

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

All recommendations in this chapter

Every recommendation this chapter is the home of, in printed-page order.

  1. Printed page 582 Issue an executive order banning federally funded critical race theory training Needs Congress Partially done
  2. Printed page 582 Direct DOJ and EEOC to enforce Title VII against racial classifications and quotas Done
  3. Printed page 583 Eliminate EEO-1 data collection Attempted
  4. Printed page 583 Amend Title VII to bar EEOC collection of EEO-1 racial data Needs Congress Not started
  5. Printed page 583 Eliminate disparate impact as a theory of discrimination under Title VII Needs Congress Partially done
  6. Printed page 583 Sign an executive order forbidding OFCCP use of disparate impact Partially done
  7. Printed page 583 Eliminate the Office of Federal Contract Compliance Programs Partially done
  8. Printed page 584 Rescind Executive Order 11246 Done
  9. Printed page 584 Restrict Bostock to hiring and firing Partially done
  10. Printed page 584 Withdraw agency notices and guidances applying Bostock broadly Partially done
  11. Printed page 584 Rescind regulations barring sexual orientation and gender identity discrimination Partially done
  12. Printed page 585 Direct agencies to enforce sex discrimination law on the biological binary Partially done
  13. Printed page 585 Pass a law requiring equal or greater benefits for pregnancy and childbirth Needs Congress Not started
  14. Printed page 585 Clarify that ERISA does not preempt state abortion restrictions Needs Congress Not started
  15. Printed page 586 Issue an executive order protecting religious employers and employees Partially done
  16. Printed page 586 Clarify Title VII’s religious organization exemptions Needs Congress Not started
  17. Printed page 586 Redefine Title VII undue hardship as significant difficulty or expense Needs Congress Not started
  18. Printed page 586 Have EEOC disclaim its regulatory pretensions Not started
  19. Printed page 586 Require EEOC action by majority vote of Commissioners Not started
  20. Printed page 587 Have EEOC disclaim power to enter consent decrees Not started
  21. Printed page 587 Reorient EEOC enforcement toward disability, religion, and pregnancy claims Not started
  22. Printed page 587 Enact the Working Families Flexibility Act Needs Congress Not started
  23. Printed page 587 Amend the FLSA to exclude on-site childcare costs from the regular rate Needs Congress Not started
  24. Printed page 588 Redirect the Women’s Bureau research budget to open inquiry Not started
  25. Printed page 588 Double the work-based retirement contribution limit for married couples Needs Congress Not started
  26. Printed page 588 Establish an Assistant Commissioner for Family Statistics at BLS Needs Congress Not started
  27. Printed page 588 Create a monthly BLS pilot survey of American family wellbeing Needs Congress Not started
  28. Printed page 588 Require the Consumer Price Index basket to include family-essential goods Needs Congress Not started
  29. Printed page 589 Amend the FLSA to require time-and-a-half for Sabbath work Needs Congress Not started
  30. Printed page 589 Limit telework overtime to days exceeding 10 hours of work Needs Congress Not started
  31. Printed page 590 Have DOL limit timekeeping requirements for teleworking employees Partially done
  32. Printed page 590 Exempt home offices from OSHA rules and home-office costs from the regular rate Not started
  33. Printed page 591 Restore the 2019 and 2021 independent contractor rules Attempted
  34. Printed page 591 Enact a bright-line employee vs. independent contractor test Needs Congress Not started
  35. Printed page 591 Create a safe harbor for firms offering independent workers earned benefits Needs Congress Not started
  36. Printed page 591 Restore the direct-and-immediate-control joint employer standard Partially done
  37. Printed page 591 Enact the Save Local Business Act Needs Congress Not started
  38. Printed page 592 Keep an overtime threshold that does not punish lower-cost regions Done
  39. Printed page 592 Base the overtime regular rate on salary rather than benefits Needs Congress Not started
  40. Printed page 592 Allow overtime to be calculated over two- or four-week periods Needs Congress Not started
  41. Printed page 593 Reinstate the PRO Good Guidance rule at DOL Not started
  42. Printed page 593 Amend the Administrative Procedure Act to limit guidance documents Needs Congress Not started
  43. Printed page 594 Use the Regulatory Flexibility Act to exempt small entities from labor rules Not started
  44. Printed page 594 Raise the revenue thresholds for NLRB jurisdiction Needs Congress Not started
  45. Printed page 594 Exempt small first-time non-willful violators from OSHA fines Needs Congress Partially done
  46. Printed page 594 Implement an industry-recognized apprenticeship program outside the RAP Attempted
  47. Printed page 595 Re-create the IRAP system by statute Needs Congress Not started
  48. Printed page 595 Enable religious organizations to run apprenticeship programs Attempted
  49. Printed page 595 Amend hazard-order regulations to let trained teenagers work dangerous jobs Not started
  50. Printed page 595 Create a $10,000 employer grant for on-the-job training Needs Congress Not started
  51. Printed page 596 Apply skills-based hiring standards to federal contractors Attempted
  52. Printed page 596 Prohibit BA requirements in private sector job descriptions Needs Congress Not started
  53. Printed page 597 Streamline workforce development programs in WIOA reauthorization Needs Congress Attempted
  54. Printed page 598 Enact unemployment insurance program integrity reforms Needs Congress Partially done
  55. Printed page 598 Commission a congressional report on UI technical standards Needs Congress Not started
  56. Printed page 598 Give DOL graduated enforcement tools for the UI system Needs Congress Not started
  57. Printed page 598 Review the $2 billion American Rescue Plan UI procurements Partially done
  58. Printed page 599 Pass the Teamwork for Employees and Managers (TEAM) Act Needs Congress Not started
  59. Printed page 600 Enact the Intermediate Bodies Rule and restore the T-1 Trust Annual Report Not started
  60. Printed page 600 Expand funding for the Office of Labor-Management Standards Needs Congress Not started
  61. Printed page 600 Have NLRB treat union political conflicts as breaches of fair representation Not started
  62. Printed page 601 Return to the Alstate Maintenance protected concerted activity standard Attempted
  63. Printed page 601 Increase NLRB use of Section 10(j) injunctive relief Partially done
  64. Printed page 601 Investigate worker centers and require them to file financial disclosures Not started
  65. Printed page 602 Let OLMS open union investigations without a formal complaint Not started
  66. Printed page 602 Rescind the persuader rule if revived Not started
  67. Printed page 603 Discard card check and mandate secret ballot union elections Needs Congress Not started
  68. Printed page 603 Eliminate the NLRB contract bar rule Not started
  69. Printed page 603 Amend the NLRA to make national employment laws negotiable defaults Needs Congress Not started
  70. Printed page 604 End mandatory Project Labor Agreement requirements Not started
  71. Printed page 604 Repeal the Davis–Bacon Act Needs Congress Not started
  72. Printed page 605 Approve non-public worker organizations as UI administrators Not started
  73. Printed page 605 Offer states waivers from Social Security Act UI requirements Not started
  74. Printed page 605 Condition public UI funds on 501(c)(3) political spending restrictions Not started
  75. Printed page 605 Pass legislation allowing state waivers from federal labor laws Needs Congress Not started
  76. Printed page 606 Bar extra qualifications in federally funded occupational licensing compacts Needs Congress Not started
  77. Printed page 606 Stop federally funded programs from locking qualified licensees out of work Needs Congress Not started
  78. Printed page 606 Repromulgate and codify the Trump-era Wagner–Peyser staffing flexibility rule Needs Congress Partially done
  79. Printed page 606 Remove ESG considerations from ERISA Attempted
  80. Printed page 607 Prohibit non-pecuniary factors in ERISA plan investing Attempted
  81. Printed page 607 Return to the Trump-era pecuniary-factors-only ERISA rule Attempted
  82. Printed page 607 Subject ERISA plan investment in China to greater scrutiny Not started
  83. Printed page 608 Remove ESG-encouraging mutual fund windows from the Thrift Savings Plan Not started
  84. Printed page 608 Pull federal pension funds from BlackRock and State Street Not started
  85. Printed page 608 Bring enforcement actions against BlackRock and State Street over the TSP Not started
  86. Printed page 608 Authorize FRTIB independent proxy voting for TSP holdings Needs Congress Not started
  87. Printed page 609 Use DOL oversight of FRTIB to prohibit TSP investment in China Not started
  88. Printed page 609 Enact legislation prohibiting TSP investment in China Needs Congress Not started
  89. Printed page 609 Require public pension plans to disclose fair market funding values Needs Congress Not started
  90. Printed page 609 Reform multiemployer pensions to match single-employer protections Needs Congress Not started
  91. Printed page 610 Make PBGC file its annual report on time with fair-market value data Not started
  92. Printed page 610 Have PBGC use its authority against underfunded multiemployer plans Not started
  93. Printed page 610 Raise the PBGC variable rate premium and end the per-participant cap Needs Congress Not started
  94. Printed page 611 Issue clear ESOP valuation and fiduciary conduct regulations Attempted
  95. Printed page 611 Cap and phase down the H-2A visa program Needs Congress Not started
  96. Printed page 611 Fund an agricultural automation industry consortium Needs Congress Not started
  97. Printed page 612 Cap and phase out the H-2B visa program Needs Congress Not started
  98. Printed page 612 Require federal contractors to employ at least 70 percent U.S. citizens Needs Congress Not started
  99. Printed page 613 Amend the law to let employers prefer hiring American citizens Needs Congress Not started
  100. Printed page 613 Follow OIG recommendations on visa fraud investigations and debarments Not started
  101. Printed page 613 Replicate USMCA labor provisions in future free trade agreements Not started
  102. Printed page 613 Have future FTAs eliminate all forms of forced or compulsory labor Not started
  103. Printed page 613 Have future FTAs protect workers’ organizing rights from employer interference Not started
  104. Printed page 614 Include supply-chain transparency mechanisms in Trade Promotion Authority Needs Congress Not started
  105. Printed page 614 Include a general prohibition on forced labor in Trade Promotion Authority Needs Congress Not started
  106. Printed page 614 Refocus ILAB investigations on foreign labor abuses harming U.S. workers Partially done
  107. Printed page 615 Cut labor agency budgets to the low end of the historical average Needs Congress Attempted
  108. Printed page 615 Concentrate spending cuts in the Employment and Training Administration Needs Congress Attempted
  109. Printed page 615 Focus health and safety inspections on egregious offenders Not started
  110. Printed page 615 Maximize the number of political appointees at DOL Attempted
  111. Printed page 615 Appoint new EEOC and NLRB general counsels on Day One Day one Partially done
  112. Printed page 615 Impose a hiring freeze on career officials Done
  113. Printed page 615 Fully staff the Office of Compliance Initiatives Not started
  114. Printed page 616 Move the Office of Foreign Labor Certification out of ETA Attempted