In a controversial 7-2 decision, the U.S. Supreme Court has upheld a Trump Administration rule favoring employers that weakens part of the Affordable Care Act.
The Affordable Care Act mandate in question is one that required employers with employer-provided health insurance to offer birth control coverage with no co-pays to employees. Prior to the act, many employer plans did not provide such coverage.
The Administration’s rule calls for allowing nonprofit and for-profit employers (including publicly traded companies) to seek an exemption to the mandate on religious grounds. Moral objections will also be permissible for nonprofits and for privately held companies.
Religiously affiliated universities that provide health insurance to students may also now seek an exemption from the rule.
The ruling may impact as many as 126,000 women in the U.S.
The White House hailed the decision as a victory for religious freedom.
Many religious groups had long opposed the mandate, suggesting, in some cases, that contraception was essentially abortion.
According to the New York Times, “the Trump administration took the side of the religious employers, saying that requiring contraceptive coverage could impose a “substantial burden” on the free exercise of religion. The regulations it has promulgated made good on a campaign pledge by President Trump, who has said that employers should not be “bullied by the federal government because of their religious beliefs.”
If you’re an employer and have questions about labor and employment law, consider calling on the attorneys at Kainen, Escalera & McHale in Connecticut. We are available during this pandemic to help any employer who would like our help.
Remember – we do one thing and one thing only – we are an employer defense law firm – in fact, we are one of the largest employer defense law firms in the region. What’s more, each of our attorneys has over 25 years of experience in employment law and labor law matters and can provide your business with comprehensive legal counsel ranging from assistance with necessary preventive measures to trial advocacy. Please contact us if we can help you.
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