HHS said in a May 10 statement that its civil rights office will interpret and enforce Section 1557 of the ACA and Title IX of civil rights law’s prohibitions of discrimination based on sex to include protections against discrimination based on gender identity and sexual orientation.The ACA section established that healthcare organizations are not legally allowed to discriminate based on “race, color, national origin, sex, age or disability.”
The department cited the U.S. Supreme Court’s June 2020 decision in Bostock v. Clayton County, which held that Title VII of the Civil Rights Act of 1964 prohibition on employment discrimination based on sex includes discrimination based on sexual orientation and gender identity. It also cited subsequent court cases.
“The Supreme Court has made clear that people have a right not to be discriminated against on the basis of sex and receive equal treatment under the law, no matter their gender identity or sexual orientation. That’s why today HHS announced it will act on related reports of discrimination,” HHS Secretary Xavier Becerra said in a news release. “Fear of discrimination can lead individuals to forgo care, which can have serious negative health consequences. It is the position of the Department of Health and Human Services that everyone — including LGBTQ people — should be able to access healthcare, free from discrimination or interference, period.”
The decision comes after HHS under former President Donald Trump’s administration issued a final rule last June that rolled back nondiscrimination rules. The final rule removed a previous definition of “discrimination based on sex.”
Read more from HHS here. Read the full Post article here.
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