On May 10 the Department of Health and Human Services announced that the Office for Civil Rights will interpret and enforce Section 1557 and Title IX’s prohibitions on discrimination based on sex to include: (1) discrimination on the basis of sexual orientation; and (2) discrimination on the basis of gender identity. Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in covered health programs or activities. The update was made in light of the US Supreme Court’s decision in Bostock v. Clayton County and subsequent court decisions.
The Notice may be found at: https://www.hhs.gov/sites/default/files/ocr-bostock-notification.pdf.
