News & Analysis as of

Regulatory Requirements Gender Identity

Proskauer - Health Care Law Brief

DOJ Targets Gender‑Affirming Care under FDCA and FCA: Scrutinizes Off‑Label Drug Use and False Diagnosis Codes

Last month, the United States Department of Justice (“DOJ”) issued its “Civil Division Enforcement Priorities” memorandum, memorializing a shift from its predecessor administration’s policy on gender‑affirming healthcare...more

Quarles & Brady LLP

HIPAA Reproductive Health Rule Vacated Nationally

Quarles & Brady LLP on

A federal judge in Texas has vacated almost all of the 2024 HIPAA Rule to Support Reproductive Health Care Privacy that created special protections for reproductive health care information, finding that the U.S. Department of...more

King & Spalding

CMS Reviews Quality Standards on Gender Transition Procedures

King & Spalding on

CMS announced in a letter released on Tuesday, May 27, 2025 (CMS Letter) that it will ramp up financial oversight of states to detect misuse of federal Medicaid funds “[t]o ensure that federal money is not used to pay for or...more

Ballard Spahr LLP

Texas Judge Strikes EEOC Guidance Protecting Transgender Employees

Ballard Spahr LLP on

A federal judge in Texas issued a decision on May 15, 2025, striking down portions of the EEOC’s Enforcement Guidance on protections against employment discrimination based on gender identity and/or sexual orientation....more

McDermott Will & Emery

CMS Requests Hospitals Submit Gender-Affirming Care Data

McDermott Will & Emery on

On May 28, 2025, the Centers for Medicare & Medicaid Services (CMS) sent a letter to “select hospitals” that provide gender-affirming care services, requesting information about how those hospitals adhere to quality standards...more

Seyfarth Shaw LLP

EEOC Opens 2024 EEO-1 Filing Portal: Employers Urged to Begin Preparation

Seyfarth Shaw LLP on

Yesterday, the EEOC opened the Online Filing System (OFS) for the 2024 EEO-1 Component 1 data collection process. Covered employers have until June 24, 2025 to complete their submission....more

Seyfarth Shaw LLP

EEOC Kicks Off 2024 EEO-1 Data Collection: If Approved Portal To Open on May 20, 2025

Seyfarth Shaw LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) has submitted its revised 2024 EEO-1 Component 1 Instruction Booklet and a justification request in support of its requested revisions to the Office of Information and...more

Proskauer - Government Contractor Compliance...

EEOC Seeks Elimination of Voluntary Reporting Non-Binary Data in EEO-1

On April 15, 2025, the Equal Employment Opportunity Commission (“EEOC”) submitted a “non-substantive” Information Collection Request (“ICR”) to the Office of Management and Budget (“OMB”) for approval ahead of its 2024 data...more

Jackson Lewis P.C.

EEOC Submits Request to Eliminate Optional Disclosure of Non-Binary Data for EEO-1 Reporting

Jackson Lewis P.C. on

On April 15, 2025, in response to Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, the EEOC filed an Information Collection Request (ICR) with OMB...more

DCI Consulting

EEO-1 Component 1 Reporting Timeline and Changes Proposed

DCI Consulting on

On April 15th, 2025, the Equal Employment Opportunity Commission (EEOC) submitted its proposed 2024 EEO-1 instruction booklet via an Information Collection Review submitted to the Office of Information and Regulatory Affairs...more

FordHarrison

The New Presidential Directive on Gender Identity: The Next Steps for Florida Employers

FordHarrison on

On January 20, 2025, President Trump enacted Executive Order (EO) 14168, which is titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This EO mandates that various...more

Mintz - Health Care Viewpoints

CMS’s ACA Marketplace Integrity and Affordability Proposed Rule – What it may mean for Health Plans

Earlier this month, the Centers for Medicare & Medicaid Services (CMS) released its 2025 Marketplace Integrity and Affordability Proposed Rule (Proposed Rule), proposing a number of enrollment and eligibility policies...more

McDermott Will & Emery

California AB 2319 Expands Implicit Bias Training for Perinatal Care Providers

McDermott Will & Emery on

California legislators enacted Assembly Bill (AB) 2319 last fall in a landmark attempt to reduce racial and ethnic disparities in maternal and infant healthcare by addressing implicit bias in pregnancy, childbirth, and...more

Procopio, Cory, Hargreaves & Savitch LLP

Federal Court Vacates 2024 Title IX Regulations: What Does This Mean for California Charter Schools?

On January 9, 2025, a federal court in Kentucky vacated the 2024 Title IX regulations that had been adopted by the U.S. Department of Education and which have been in effect since August 1, 2024. (Tennessee v. Cardona (E.D....more

Franczek P.C.

Two Grievance Procedures in the New Title IX Proposed Regs?

Franczek P.C. on

You may have noticed while skimming through the new Title IX proposed regulations that there are now seemingly two grievance procedures to address Title IX complaints instead of one. You’ll recall that the current 2020...more

Jenner & Block

Key Takeaways from the New Proposed Title IX Regulations

Jenner & Block on

The Department of Education marked the fiftieth anniversary of Title IX, the landmark civil rights law prohibiting sex discrimination in federally funded education programs and activities, by releasing its highly anticipated...more

Robinson & Cole LLP

Department of Education Proposes Revamping Title IX Sexual Harassment Regulations

Robinson & Cole LLP on

On June 23, 2022, the 50th anniversary of the passage of Title IX, the Department of Education (DOE) released proposed major changes to the current Title IX regulations made effective in August 2020. The proposed revisions...more

Franczek P.C.

ISBE Postpones Gender Identity and Sexual Orientation Data Reporting Requirements

Franczek P.C. on

The Illinois State Board of Education (“ISBE”) has announced that it is postponing its implementation of Public Act 102-0543, which requires ISBE to collect and report student sexual orientation, gender, and sex data. As a...more

Carlton Fields

Construction Contractors Take Note: OFCCP’s Industry-Focused Technical Assistance Guide (TAG) May Prove Helpful in Preparing for...

Carlton Fields on

Federal construction contractors are barred from discriminating in employment on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or covered veteran status, and many...more

Littler

EEOC Provides Guidance on EEO-1 Filing for Non-Binary Employees

Littler on

The Equal Employment Opportunity Commission (EEOC) recently released guidance in an FAQ to employers as to how they should report non-binary employees on Form EEO-1....more

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