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… VII of the Civil Rights Act of 1964 and the Affordable Care Act’s §1557 nondiscrimination rules. Court Decisions The 2020 SCOTUS decision in the case Bostock v. Clayton County interpreted that Title VII protection against employment discrimination based on sex extends to discrimination based on an individual’s sexual orientation or gender identity. While the case was not specifically related to employer-sponsored benefit offerings, employer-sponsored health and welfare benefits are part of the employment package and therefore fall under the broad protection of Title VII. Therefore, employers cannot discriminate in how benefits are provided based on sex,

Quick Facts On June 27, 2022, the Departments released a letter encouraging group health plans to fully comply with requirements to cover contraception with no cost-sharing. Under the Affordable Care Act (ACA), all non-grandfathered individual and group health plans are required to provide preventive services coverage with no cost-sharing. The guidance is clear that medically appropriate or necessary contraception must be fully covered by the group health plan. Background On June 27, 2022, the Department of Health and Human Services (HHS), the Department of Labor (DOL) and the Department of the Treasury (collectively, the Departments) released a …