Articles and Blogs

sex discrimination

HHS Posts Section 1557 Final Rule and Walks Back Sex-Based Discrimination Protections: Enter Bostock v Clayton County Bd. of Commissioners

[06/19/20]

Posted on June 19, 2020 in Health Law News, HR Insights for Health Care

Published by: Hall Render

On June 12, 2020, CMS and the Office for Civil Rights of Health and Human Services (“HHS”) posted a display copy of a new final rule that implements Section 1557 of the Affordable Care Act (“ACA”)(“Final Rule”). This Final Rule supersedes significant portions of the current 2016 rule (“2016 Rule”) that interpreted and implemented... READ MORE

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Michigan Hospitals and Employers May Now Face Discrimination Complaints Based on Gender Identity and Sexual Orientation

[05/22/18]

Posted on May 22, 2018 in Health Law News, HR Insights for Health Care

Published by: Hall Render

The Michigan Civil Rights Commission says it will now act on complaints made by patients, employees and others in Michigan who believe they were discriminated against on the basis of gender identity or sexual orientation. The Commission voted on Monday to consider such discrimination as a form of discrimination prohibited by the Elliott Larsen Civil... READ MORE

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Seventh Circuit Rules Title VII Prohibits Sexual Orientation Discrimination

[04/06/17]

Posted on April 6, 2017 in HR Insights for Health Care

Published by: Hall Render

On Tuesday, April 4, 2017, the Court of Appeals for the Seventh Circuit ruled that Title VII prohibits discrimination based on sexual orientation. This contradicts a recent Eleventh Circuit ruling[1]—not to mention longstanding Seventh Circuit precedent—which means that this issue could eventually land before the Supreme Court. Background Title VII is a federal law... READ MORE

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Section 1557: Federal Court Issues Nationwide Injunction Against HHS Sex Discrimination Rules

[01/16/17]

Posted on January 16, 2017 in Health Law News, HR Insights for Health Care

Published by: Hall Render

On December 31, 2016, a federal district court in Texas issued a preliminary injunction to prevent HHS from enforcing those few portions of the regulations implementing Section 1557 of the Affordable Care Act (“ACA”) that interpret the prohibition against “sex” discrimination to include discrimination on the basis of “gender identity” and “termination of pregnancy.”... READ MORE

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