Many employers will soon face transgendered individual issues far beyond restroom accessibility based on recent regulations released by the Department of Health and Human Services treating gender identity discrimination and sexual stereotyping as forms of sex discrimination under the Affordable Care Act. Section 1557 of the ACA prohibits discrimination in certain health care programs and activities on the basis of race, color, national origin, sex, age, or disability.
The new rules are generally effective July 18, but rules requiring changes to group health coverage are effective the first plan year beginning on or after January 1, 2017. In addition to HHS enforcement, individuals may sue to enforce ACA Section 1557 and seek compensatory damages. We’ll explore if and how these new rules might affect employers in terms of health care delivery and/or coverage.
Excerpted from Dallas Business Journal. To read the full article, please click here.