The 2016 Section 1557 rule expressly included gender identity and sex stereotyping within sex discrimination. It was effective July 18, 2016, but was later revised and litigated.
On the basis of sex includes, but is not limited to, discrimination on the basis of pregnancy, false pregnancy, termination of pregnancy, or recovery therefrom, childbirth or related medical conditions, sex stereotyping, and gender identity.
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The 2016 Section 1557 rule expressly included gender identity and sex stereotyping within sex discrimination. It was effective July 18, 2016, but was later revised and litigated. Read with the 2020 rule and subsequent litigation rather than treating the 2016 formulation as continuously operative.