AG Kaul Opposes DOE’s Use of Accelerated Rulemaking Process to Dismantle Anti-Discrimination Regulations

MADISON, Wis. – Attorney General Josh Kaul joined attorneys general across the country in submitting four joint comment letters opposing the U.S. Department of Energy (DOE)’s attempt to roll back longstanding anti-discrimination regulations under Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973.

These regulations are critical in protecting Wisconsinites from sex discrimination, disability discrimination, race and national-origin discrimination, and other forms of unlawful bias. The letters detail how the proposed rollbacks would unlawfully strip away Americans’ rights to equal access, protection from discrimination, and federal accountability, undermining decades of civil rights progress.

“These proposed changes from the Department of Energy would be significant steps in the wrong direction,” said AG Kaul. “These changes should not be put into effect, and they certainly shouldn’t be adopted through an abbreviated process.”

Title IV, Title IX, and Section 504 have long served as bedrock protections ensuring equity and access in education, healthcare, housing, and other federally funded programs. These laws protect Americans’ equal opportunity to access and participate in such programs and activities without facing discrimination, and that federal funds are not used to subsidize discriminatory practices. The Trump administration’s decision to weaken the regulations strips away decades of protections and government accountability.

Last month, DOE proposed sweeping rollbacks using a “direct final rule” (DFR) process, which shortens the public comment window to 30 days and allows the new rule to take effect after 60 days unless “significant adverse comments” are received. These rollbacks would eliminate DOE’s regulatory standards prohibiting discrimination based on race, sex, and disability in federally funded programs and buildings, including repealing the Section 504 requirement that new or altered DOE facilities constructed by, on behalf of, or for the use of a recipient of DOE, comply with federal accessibility standards. Additionally, the DOE has failed to meet its obligations under the Administrative Procedure Act to provide sufficient evidence that this rulemaking is evidence-based and is not arbitrary, capricious, or contrary to constitutional rights.

In the comment letters, the coalition of attorneys general writes that:

• Without implementing regulations under Title VI and Title IX, the Department of Energy and recipients of federal funding would lose key tools for investigating and stopping race, national origin, and sex-based discrimination in federally funded programs and activities.
• Repealing Section 504 regulations would eliminate federal requirements for accessible design in buildings constructed by, on behalf of, or for the use of a recipient of DOE, making it difficult for individuals with disabilities to access schools, labs, and energy facilities.
• Rolling back these regulations violates the Administrative Procedure Act.

Copies of the four comment letters are available:

• On DOE’s new construction rule here,
• General nondiscrimination provisions here,
• Nondiscrimination in education programs here, and
• Nondiscrimination in sports programs here.

NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. While it is believed to be reliable, Urban Milwaukee does not guarantee its accuracy or completeness.