1.     On February 9, 2023, HUD published the notice of proposed rulemaking, “Affirmatively Furthering Fair Housing.” Public comments were due on April 10, 2023.


Request an EO 12866 Meeting by entering the rule’s RIN number here.

1.     The Department of Education will soon propose, “Nondiscrimination on the Basis of Sex in Athletics Education Programs or Activities Receiving Federal Financial Assistance.” RIN is 1870-AA19. On March 28, 2023, ED delivered to OMB its draft rule, which will propose regulations implementing Title IX in school sports in accordance with President Biden’s E.O. 13988 on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation and E.O. 14021 on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity.

2.     The Department of Labor will soon propose, “Revision of the Regulations Implementing Section 188 of the Workforce Innovation and Opportunity Act to Clarify Nondiscrimination and Equal Opportunity Requirements and Obligations Related to Sex.” RIN is 1291-AA44. These proposed regulations would clarify that discrimination on the basis of sex includes discrimination on the basis of sexual orientation. The regulations would also clarify that “termination of pregnancy” is a medical condition related to pregnancy or childbirth.

3.     ED will soon propose “Discrimination Based on Shared Ancestry or Ethnicity in Response to E.O. 13899 on Combating Anti-Semitism and E.O. 13985 on Advancing Racial Equity and Support for Underserved Communities,” (RIN 1870-AA15). In its abstract for the proposed rule, ED states that ED OCR has received complaints of harassment and assault directed at Jewish, Muslim, Hindu and other students based on shared ancestry or ethnicity.


On March 31, 2023, HHS’ Substance Abuse and Mental Health Services Administration (“SAMHSA”) announced its publication of the report, “Moving Beyond Change Efforts: Evidence and Action to Support and Affirm LGBTQI+ Youth.” SAMHSA intends the report to serve as guidance to “behavioral health providers, pediatric professionals and primary care providers, educators and school professionals, policymakers, and researchers.”

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