On May 10, 2021 the U.S. Department of Health and Human Services (HHS) announced that Section 1557 of the Affordable Care Act and Title IX’s prohibitions on discrimination based on sex include discrimination on the basis of sexual orientation and gender identity.  “Research shows that one quarter of LGBTQ people who faced discrimination postponed or avoided receiving needed medical care for fear of further discrimination.” The clarification reverses the position of the HHS under the Trump Administration and will guide the Office for Civil Rights (OCR), responsible for enforcing Section 1557, when handling complaints and investigations of discrimination in providing health care because of an individual’s sexual preference or gender identification.

For more information you can review the full press release at HHS Announces Prohibition on Sex Discrimination Includes Discrimination on the Basis of Sexual Orientation and Gender Identity | HHS.gov.

For more information on how this change affects your plan and other recent changes in employment law, register here for the McNees 2021 Labor & Employment Seminar to be held virtually on June 10th and 11th.  Topics will include:

• ADA/FMLA/WC Scenarios: HR’s Role in Managing Employees with Mental Health Issues
• Wage & Hour Law in 2021 (and Beyond): Keeping Up with Changes in Federal and State Law
• Perils of the Digital World: An Employer’s Guide to Dealing with Data Breaches
• Litigation Trends: Privacy, Pay, Equity, COVID, ADR, Going Virtual
• Employee Benefits in the COVID (and Post-COVID) Era