Almost ten months into the Trump Administration, the executive and legislative branches have been preoccupied with attempting to repeal and replace the Affordable Care Act (“ACA”) – but each attempt has thus far proved fruitless. While the debate rages over the continued viability of the ACA, as we stated in our previous Take 5, employers should remember that obligations to comply with Section 1557 (the non-discrimination provision of the ACA) and the final rule implementing that provision remain. But there have been developments regarding which characteristics are protected by Section 1557. In this Take 5, we explore whether Section 1557 continues to cover gender identity and transition services.
Although the health care debate has received the bulk of the media attention, other legal developments also promise to have significant impact on health care employers. For instance, the Equal Employment Opportunity Commission (“EEOC”) appears to have set its sights on the accommodation of disabled workers in the health care industry, and recent decisions regarding employees’ rights to use medical marijuana may impose new burdens on employers.
These and other developments are discussed in this edition of Take 5:
- Will The Affordable Care Act’s Non-Discrimination Regulations Continue to Cover Gender Identity and Transition Services?
- Restrictive Covenants – How Effective are Non-Competes and Non-Solicits in the Health Care Industry?
- Navigating the Interactive Process: Best Practices for Complying with the ADA
- A Growing Trend In Favor of Medical Marijuana Users in the Employment Context
- ERISA Withdrawal Liability: Make Sure to Look Before You Leap Into Mergers and Acquisitions