Under ACA Section 1557, which items are included in sex discrimination?

• A. Race, color, ethnicity
• B. Sex, pregnancy, sex stereotypes, or gender identity
• C. Age and disability
• D. Religion and national origin

Answer: (B)

Under ACA Section 1557, discrimination on the basis of sex covers more than just the literal sex of a person. It explicitly includes pregnancy, sex stereotypes, and gender identity as forms of sex-based discrimination in health programs and activities that receive federal funds. This means that a covered entity cannot treat someone differently because they are pregnant, because they do not conform to traditional gender stereotypes, or because their gender identity differs from the sex assigned at birth. The other protected characteristics listed in the other options—race, color, ethnicity; age and disability; religion and national origin—are protections under different nondiscrimination laws, not categorized under sex discrimination in 1557. So the items included are pregnancy, sex stereotypes, and gender identity (along with sex itself).