On May 10, 2021, the U.S. Department of Health and Human Services (HHS) announced that the Office for Civil Rights (OCR) will interpret and enforce Section 1557 of the Affordable Care Act (Section 1557) to prohibit discrimination based on sexual orientation and gender identity. Section 1557 prohibits discrimination based on race, color, national origin, sex (this now includes sexual orientation and gender identity), age, or disability in covered health programs or activities. Additionally, covered entities are prohibited from discriminating against consumers based on sexual orientation or gender identity.
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New York State’s Attorney General called on the National Football League (NFL) to be mindful of the state’s anti-discrimination laws.
Attorney General Eric Schneiderman sent a letter last week to NFL Commissioner Roger Goodell reminding him that the NFL and its franchises must not discriminate against players and draft prospects on the basis of sexual orientation.
In addition, Schneiderman noted that at least two dozen of the 32 NFL teams are headquartered in jurisdictions that have similar employment discrimination laws in place.
Schneiderman called on the NFL to issue a formal written policy making clear that any form of discrimination or harassment based on sexual orientation is a violation of New York law. The NFL’s headquarters are located in New York City.
The letter was prompted by recent reports that some draft prospects were asked questions about their sexual orientation at a national recruitment event. One draft prospect, Nick Kasa, told an ESPN radio show that “They ask you, ‘Do you have a girlfriend?’ ‘Are you married?’ ‘Do you like girls?’”
Similar to New York, California also prohibits discrimination and harassment on the basis of sexual orientation. California’s Fair Employment and Housing Act prohibits employers from discriminating against employees and job applicants.
Tags: employment discrimination, New York, sexual orientation, California, HR Allen Consulting Services, Employers, HR Informant, harassment