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.
The information provided above is made available by Kainen, Escalera & McHale, P.C. for educational purposes only. It is not intended to provide specific legal advice to your individual circumstances or legal questions. You acknowledge that neither your reading of, nor posting on, this site establishes an attorney-client relationship between you and our law firm, or any of our attorneys. This information should not be used as a substitute for seeking competent legal advice from a licensed professional attorney in your state nor is it provided for the specific purpose of soliciting your business on any particular matter. Readers of this information should not act upon anything communicated in it without seeking professional counsel.