Labor Department ends affirmative action requirements for registered apprenticeships

Overview

Updated 1 hour ago

Sponsors of federally registered apprenticeship programs will no longer have to run affirmative action programs. A Department of Labor final rule published November 6 removes the equal employment opportunity mandates in 29 CFR part 30. Those mandates included numerical hiring goals for sponsors with five or more apprentices.

In their place, sponsors must comply with existing federal and state anti-discrimination law. Complaints will go to the Equal Employment Opportunity Commission or another enforcement agency. Registration agencies will no longer investigate them.

Why it matters

Every registered apprenticeship sponsor in the U.S. must rewrite its nondiscrimination policy by 2027, and state agencies must submit new plans.

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Key Indicators

Days from publication to effective date

Sponsors registered with the DOL Office of Apprenticeship must comply starting January 5, 2027.

180

Compliance window for state-registered sponsors

Sponsors under a State Apprenticeship Agency get 180 days after the agency's state plan is approved.

Apprentices that triggered enhanced affirmative action

Sponsors with five or more apprentices previously had to run utilization analyses and set numerical hiring goals.

Years for state agencies to submit nondiscrimination plans

Each State Apprenticeship Agency has one year from the effective date to file a plan with DOL.

Voices

Curated perspectives — historical figures and your fellow readers.

Organizations Involved

U.S. Department of Labor (DOL)

Federal Agency

Issued the final rule

The federal department that wrote the rule, replacing part 30's affirmative action mandates with a requirement to follow existing anti-discrimination law.

DOL Office of Apprenticeship

Federal Program Office

Enforces the new standard and approves state plans

The DOL office that registers apprenticeship programs, recognizes State Apprenticeship Agencies, and issued the compliance bulletin.

Equal Employment Opportunity Commission

Federal Agency

Named as the primary recipient for apprenticeship discrimination complaints

The federal agency that enforces Title VII and related anti-discrimination statutes, now the first stop for apprenticeship bias complaints.

State Apprenticeship Agencies

State Regulatory Bodies

Must submit new nondiscrimination plans within one year

State bodies that register apprenticeship programs under DOL recognition and must now conform their laws to the revised part 30.

Timeline

June 2023 January 2028

7 events Latest: Yesterday

Tap a bar to jump to that date

January 2028
State agencies face plan submission deadline
Upcoming Compliance

State Apprenticeship Agencies have one year from the effective date to submit nondiscrimination plans.
January 5th, 2028
January 2027
Rule takes effect for federally registered sponsors
Upcoming Compliance

Sponsors registered with the DOL Office of Apprenticeship must meet the new standard.
January 5th, 2027
November 2026
Construction Dive reports the rescission
Latest Report

The trade publication reports that DOL rescinded affirmative action requirements for federally registered apprenticeships.
Yesterday
Final rule published with January 5 effective date
Rulemaking

DOL publishes the rule and issues a bulletin setting compliance deadlines for federal- and state-registered sponsors.
4 days ago
August 2026
Final rule reaches White House regulatory review
Rulemaking

The Office of Information and Regulatory Affairs receives the final rule for clearance.
August 2026
June 2026
DOL proposes rescinding apprenticeship affirmative action rules
Rulemaking

The proposed rule would replace part 30's equal employment opportunity mandates with a requirement to follow existing law.
June 2026
June 2023
Supreme Court ends race-conscious admissions
Legal

Students for Fair Admissions v. Harvard restricts race-based preferences in college admissions. DOL later cites the decision in its rule.
June 29th, 2023

Scenarios

Rule takes effect January 5, 2027, and sponsors drop affirmative action programs

Likely Resolves by Jan 5, 2027

Discussed by: Department of Labor and trade press including Bloomberg Law and HR Dive

DOL set the effective date 60 days after publication and issued a compliance bulletin. Unless a court intervenes, sponsors registered with the Office of Apprenticeship must comply on day one. State-registered sponsors get 180 days after their state plan is approved.

Federal court blocks the rule before it takes effect

Possible Resolves by Q2 2027

Discussed by: Opponents of the proposal, including the think tank New America

The rule rests on DOL's reading of Title VII and the 2023 Harvard admissions decision. A challenge would likely argue the department skipped required analysis or that ending registration-agency investigations leaves gaps. A stay would freeze the January 5 date.

A state apprenticeship agency loses recognition over a nonconforming plan

Possible Resolves by Jan 5, 2028

Discussed by: DOL Office of Apprenticeship compliance bulletin

Each State Apprenticeship Agency must submit a nondiscrimination plan within a year of the effective date. DOL can withdraw recognition from an agency whose plan or laws do not conform, which would move its sponsors under federal registration.

Historical Context

2 moments from history that rhyme with this story — and how they unfolded.

June 2023

Students for Fair Admissions v. Harvard (2023)

The Supreme Court ruled 6-3 that race-conscious admissions programs at Harvard and the University of North Carolina violated the Equal Protection Clause. The decision ended the use of race as a direct admissions factor at most colleges.

Then

Colleges redesigned admissions, and race-based scholarships and programs came under legal challenge.

Now

The ruling became a template for challenging race-conscious policies beyond education, including hiring and contracting.

Why this matters now

DOL cites the decision in the final rule as part of the legal basis for removing numerical hiring goals based on race and sex.

June 1995

Adarand Constructors v. Peña (1995)

The Supreme Court held that federal affirmative action programs, like state ones, must survive strict scrutiny. The case involved a Colorado contractor who lost a highway subcontract because of a race-based preference.

Then

Federal agencies had to justify race-conscious contracting programs with evidence of past discrimination.

Now

It set the standard that later decisions, including the 2023 Harvard case, built on.

Why this matters now

The same strict-scrutiny logic underlies DOL's decision to drop numerical goals for apprentices.