by Marc Fleischauer and Bob Dunlevey
Taft/
Federal and state policies giving preference to job applicants, employees, students, or government contractors based upon race or sex have been significantly impacted by a series of recent court decisions, Executive Orders, and – most notably – the Interim Final Rule of the federal Department of Transportation (DOT) issued October 3, 2025. The DOT’s new rule immediately eliminates race- and sex-based presumptions of social and economic disadvantage, declaring such preferences unconstitutional. Stakeholders have until November 3, 2025, to submit formal comments that the DOT will consider before the rule becomes final. The Interim Final Rule is available here. Submit your comments through the process outlined on page 2 of the rule.