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A federal court has granted an injunction blocking a Health and Human Services (HHS) regulation that would have allowed health care and insurance discrimination based on pregnancy-related conditions, sex stereotyping, and gender identity.
Under the Affordable Care Act, discrimination on the basis of sex was prohibited in any activity or health program that receives federal funds or is administered by a federal agency.
In 2016, an HHS regulation defined sex to include gender identity, sex stereotypes, other pregnancy-related conditions, and pregnancy termination.
The 2020 issued regulation changed the 2016 definition of sex to allow for distinctions based on the biological binary of male and female. The new rule was set to go into effect August 18, 2020.
A recent court case ruled that the 2020 HHS regulation conflicts with a recent Supreme Court decision that employment discrimination based on gender identity roles or sexual orientation violates Title VII of the Civil Rights Act.
In addition to the court’s injunction blocking the HHS from enforcing the 2020 version of the new rule, the 2016 regulation remains in effect pending further court action.
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