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The Department of Health and Human Services released a notice that it will now interpret and enforce the Section 1557 prohibition on discrimination based on sex to include discrimination on the basis of sexual orientation or gender identity. This will be effective immediately.
Section 1557 is part of the Affordable Care Act which states that discrimination on the basis of sex is prohibited in any activity or health program that is administered by a federal agency or receives federal funds. This update was made in light of a recent court decision in Bostock v. Clayton County which states that employment discrimination based on gender identity or sexual orientation violates Title VII of the Civil Rights Act.
Download the bulletin for more details.