Sex Discrimination in Healthcare: Section 1557 and LGBTQ Rights After Bostock

HHS under the Trump administration finalized a new rule in June 2020 that officially stripped sexual orientation and gender identity from Section 1557’s safeguards. Whether the position taken by the Trump administration can stand is now the subject of several legal challenges, particularly in light of the recent Supreme Court decision Bostock v. Clayton Co., which held that sexual orientation and gender identity discrimination are forms of sex discrimination for purposes of Title VII employment discrimination. The Biden administration is likely to propose its own Section 1557 rule that again protects LGBTQ people, prompting further legal challenges. The stage is set for an eventual Supreme Court review of the question of whether Section 1557, and Title IX, necessarily ban LGBTQ discrimination after Bostock. The stakes could not be higher for LGBTQ people. […]