As summarized below HHS’s Final Rule under Section 1557 would essentially prohibit covered health plans from directly or indirectly discriminating on the basis of gender identity (e.g., limiting or otherwise excluding coverage for gender-affirming care).

While most employer health plans will not be considered covered entities under the Final Rule (and, as such, will be exempt from many of the rule’s process requirements), employers will likely determine they cannot impose such exclusions or limitations regardless, […]

The New Jersey Supreme Court recently issued two decisions of import. The salient points from both rulings are summarized below.

On May 7, 2024, the Court ruled in Savage v. Township of Neptune that non-disparagement provisions in employment discrimination settlement agreements are unlawful. The basis for this ruling is Section 10:5-12.8(a) of the Law Against Discrimination. This provision, enacted “in the wake of the ‘#MeToo movement'”, as the Court puts it, provides that provisions in […]