TRUMP ADMINISTRATION ROLLS BACK BIRTH CONTROL COVERAGE MANDATE
The White House has announced that employers will be allowed to claim a religious or moral objection to the Affordable Care Act (also known as the ACA or Obamacare) requirement that employer-provided health benefits include no-cost birth control coverage.
Under the ACA, non-grandfathered plans must cover eighteen FDA-approved types of contraception, including oral contraceptives, IUDs, the patch, emergency contraception, etc., without cost-sharing. However, late last week, the Departments of Health and Human Services, Labor, and Treasury jointly issued two interim final rules, which will give employers the ability to opt out of this ACA mandate.
The first interim rule allows employers to claim an exemption from the ACA’s contraceptive mandate on the basis of religious belief. The second interim rule allows employers to claim an exemption from the ACA’s contraceptive mandate on the basis of sincerely held moral convictions. These exemptions apply to both public and private companies. Employers only need to notify their of the decision to claim either exemption; no formal request has to be made to the government.
The announcement of these new rules have already resulted in several lawsuits being filed and several more are anticipated. Conservatives, including many religious groups who battled the Obama Administration over this issue, have praised the new rules.
What is an employer to do? Employers who are considering claiming either of the exemptions should also consider how their employees will respond to the decision. Employers should be prepared for a variety of reactions from their employees. This is a polarizing issue involving personal healthcare choices. Employers should be prepared to discuss the decision and answer any questions their employees may have.
Employers should also be prepared for potential claims of religious and sex discrimination. Employers who choose to claim one of the exemptions may find themselves subject to an Equal Employment Opportunity Commission (EEOC) claim if their female employees allege that their employers’ religious beliefs are being forced upon them.
Before making any decision employers should consult with legal counsel and/or a business consultant like Nevada Association of Employers to ensure they have considered all legal and employee relations implications.
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Nevada Association of Employers (NAE) has compiled a collection of commonly used HR forms, checklists, policies, and employer guides to help Nevada businesses manage workplace compliance and HR administration.
Whether you are looking for an employment application, employee file checklist, payroll deduction form, performance appraisal form, or FLSA exemption worksheet, NAE provides resources designed to support employers with day-to-day HR operations.
These tools help employers maintain consistent documentation practices and ensure workplace policies align with federal and Nevada employment regulations.
Employers who need additional guidance on HR compliance may also benefit from services such as HR Hotline support or professional HR audits, which help identify potential compliance gaps before they become legal issues.
Access HR Forms Through the Member Portal
NAE members can access these HR resources through the Member Portal (login required). The portal includes downloadable HR forms, customizable policies, and other templates that help employers manage employee documentation and HR procedures efficiently.
These resources are designed to work alongside other NAE compliance tools, including the HR Compliance Checklist and Employee Handbook Review services that help employers maintain legally compliant workplace policies.
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Need a Form or Resource Not Listed?
If you don’t see the HR resource you need, NAE’s HR professionals and employment law attorneys are available to help.
Members can request guidance or customized resources through services such as Legal Hotline or employment legal services, which provide expert advice on workplace compliance and HR documentation.
Contact Nevada Association of Employers to speak with our team about your HR needs.
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