On December 31, 2016, a federal judge in Texas issued a nationwide injunction. In issuing this injunction, the court halted the scheduled January 1, 2017 implementation of a rule which would bar discrimination on the basis of gender identity or termination of a pregnancy.
The Health and Human Services Department unsuccessfully argued that the discrimination laws, which prohibit discrimination based upon one’s sex, include providing protections to all Americans, regardless of their sex, gender identity or sexual orientation.
In ruling against the U.S. Health and Human Services Department, the court sided with three Christian affiliated health care groups who argued that these discrimination laws did not extend to gender identity or sexual orientation, and that the implementation of the Department of Health and Human Services rule would violate their rights under the Religious Freedom Restoration Act.
It is unknown whether the Department of Health and Human Services will pursue an appeal in light of the upcoming change in administration. As of now, the Affordable Care Act does not extend to providing coverage for services associated with gender identity such as gender transition services, however, insurance providers may decide to voluntarily include coverage despite the Texas court’s ruling.
Interestingly, the judge who issued the preliminary injunction is the same judge who blocked the Obama Administration’s policy that would have required public schools to allow transgendered students to use restrooms of their choice.
The Eastern Pennsylvania Employment Log (EPELog) is a publication of the KingSpry Employment Law Practice Group. Jeffrey T. Tucker, Esquire, is our editor-in-chief. EPELog is meant to be informational and does not constitute legal advice.
