HHS Published a Notice Enforcing Section 1557’s Prohibition on Discrimination

The Department of Health and Human Services (HHS) published a notice stating that consistent with the Supreme Court’s decision in Bostock v. Clayton County1, and Title IX2, beginning May 10, 2021, HHS will interpret and enforce Section 1557’s prohibition on discrimination on the basis of sex to include:

• (1) Discrimination on the basis of sexual orientation; and
• (2) Discrimination on the basis of gender identity.

 

The notice also states that in enforcing Section 1557, as stated above, the Office of Civil Rights will comply with the Religious Freedom Restoration Act3, and all other legal requirements. Additionally, OCR will comply with any applicable court orders that have been issued in litigation involving Section 1557 regulations.

Click here to view the full notice.

¹140 S. Ct. 1731 (2020).
²20 U.S.C. 1681 et seq.
³42 U.S.C. 2000bb et seq.