U.S. Department Of Energy Rulemakings Narrow Nondiscrimination Requirements For Federally Funded Programs

The U.S. Department of Energy (DOE) issued several direct final rules that will take effect July 15, 2025, unless significant adverse comments are received by June 16, 2025. These regulations mirror recent policy shifts at the Department of Education and may affect colleges and universities that receive DOE funding, such as for research, facilities, or STEM programming.

• Nondiscrimination on the Basis of Sex in Sports Programs (10 CFR Section 1042.450): DOE rescinded a requirement that students of the opposite sex be allowed to try out for single-sex sports teams when no comparable team is available. The change aligns with Executive Order 14201, “Keeping Men Out of Women’s Sports.”
• Rescinding Regulations Related to Nondiscrimination (10 CFR Part 1040): DOE eliminated several Title VI and Section 504 regulations that it determined were outdated, duplicative, or lacked statutory support. The rescinded regulations include those requiring information in multiple languages, applying employment nondiscrimination beyond programs where employment is a funding objective, and prohibiting facially neutral practices that result in disparate impact.
• Rescinding New Construction Requirements Related to Nondiscrimination (10 CFR Section 1040.73): DOE rescinded the mandate that newly constructed or altered facilities funded by DOE be designed to meet specific accessibility standards. DOE concluded that general nondiscrimination rules already prohibit intentional exclusion and that prescriptive design requirements are no longer necessary.