Affordable Care Act Prohibits Discrimination Based on Gender Identity

Transgender Protection 101

HHS Clarifies that the Affordable Care Act Prohibits Discrimination
Based on Gender Identity 

Have you ever been discriminated against in our health care system? The U.S. Department of Health and Human Services (HHS) recently confirmed that the Affordable Care Act’s (you know, Obamacare) ban on sex-based discrimination includes discrimination based on gender identity. This confirms the Task Force's longstanding position that federal civil rights statutes that prohibit discrimination on the basis of sex include protections against discrimination on the basis of gender identity. This means that no one can be discriminated against because of their gender identity or because of a healthcare provider's stereotype about sex — what a man or a woman “ought to look like.”

Back in June, the Task Force and our New Beginning Initiative coalition partners sent HHS a letter asking for exactly this clarification. We're thrilled they agree with us and numerous federal courts that have issued similar opinions clarifying that sex-based discrimination protections also address gender identity.

We encourage anyone who feels they have been discriminated against because of their gender identity to file a complaint with the HHS Office of Civil Rights, so your complaint can be investigated and appropriately handled. File a complaint at: http://www.hhs.gov/ocr/civilrights/complaints/index.html

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