Wednesday, September 16, 2015
- HHS: Proposed rule, “Nondiscrimination in Health Programs and Activities,” harmonizes protections provided by existing federal civil rights laws and clarifies the standards HHS would apply in implementing Section 1557 of the Affordable Care Act (providing that individuals cannot be subject to discrimination based on their race, color, national origin, sex, age, or disability), and makes clear that sex discrimination includes discrimination based on gender identity
- Seventh Circuit: In reversing summary judgment for treatment and detention center on civilly committed resident’s First Amendment claim, the court held that ban on “sexually violent” residents watching all R-rated movies and playing any M-rated video games was not shown to be reasonably related to the state’s interests in security and rehabilitation
- US District Court ME: The court denied defendant’s motion to stay Title VII claim that it failed to extend Plaintiff’s employee health benefits to her same-sex spouse, finding that defendant’s anticipated motion to dismiss in a class action with similar allegations in another court was insufficient to warrant a stay
- Maine Superior Court: In denying coverage under underinsured motorist provision in parent’s policy, the court found that daughter did not “primarily reside” with parents, as required by the policy, despite the fact that she stayed with them occasionally and kept belongings at their home, and despite her argument that “primarily reside” was ambiguous
- DOJ: $18,500 settlement reached in lawsuit alleging employer failed to reemploy woman after she returned from deployment with the National Guard in violation of the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA), which protects the rights of uniformed service members to retain their civilian employment following absences due to military service obligations
- MHRC: September 21st Commission Meeting Agenda and Consent Agenda posted