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Transgender Healthcare Benefits and Exclusions: Is Your Benefits Plan Compliant?


June 7, 2023
1:00 - 2:00 pm ET

The June 2020 U.S. Supreme Court decision Bostock v. Clayton County confirmed that Title VII of the Civil Rights Act protected LGBTQ+ employees against harassment and discrimination, holding that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex." In the years since that decision, other courts have cited Bostock when affirming protections under other federal and state laws “on the basis of sex," including those related to the provision of healthcare benefits to employees.

Littler Shareholders Denise M. Visconti and Anne Sanchez LaWer will discuss recent decisions in both federal and state courts holding that blanket exclusions in healthcare plans and insurance policies for gender-affirming care and other plan exclusions that specifically target transgender individuals violate Title VII and Section 1557 of the Affordable Care Act. They will also suggest some steps employers can take to help avoid EEOC enforcement actions and potential discrimination claims.

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