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Court Vacates New Section 1557 Rule That Would Roll Back Antidiscrimination Protections for LGBT Individuals
Katie Keith, in Health Affairs Forefront Aug. 19, 2020 "Judge Block's ruling is limited to would-be changes to the definition of discrimination 'on the basis of sex,' 'gender identity,' and 'sex stereotyping.' He cites heavily to the Supreme Court's recent decision in Bostock v. Clayton County, Georgia ... As expected, the court criticized OCR for issuing the rule ahead of the Bostock decision and relying on the (ultimately wrong) position advanced by the Department of Justice -- and then publishing the rule even after the Court's decision without doing the 'sensible thing' of pausing and reflecting on the ruling." [Asapansa-Johnson v. Azar, No. 20-2834 (E.D.N.Y. Aug. 17, 2020)] |
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