H-1B Enforcement Tightened, Fertility Benefits Expanded, Gender Identity Protection Setback – #WorkforceWednesday® – Employment Law This Week – JD Supra

Analysis of U.S. Labor and Health Policy Developments in Relation to Sustainable Development Goals

H-1B Visa Enforcement and Its Impact on Decent Work

Key Development: U.S. Department of Labor’s Project Firewall

• The U.S. Department of Labor (DOL) has initiated “Project Firewall” to enhance enforcement of H-1B visa program regulations. The stated aim is to protect the rights of both U.S. and foreign workers while accommodating business needs for specialized labor.

SDG Implications

• SDG 8: Decent Work and Economic Growth
  1. The initiative directly supports Target 8.8, which aims to protect labor rights and promote safe and secure working environments for all workers, including migrant workers.
  2. By enforcing compliance, Project Firewall seeks to ensure fair wages and working conditions, contributing to productive employment and decent work for all.
• SDG 10: Reduced Inequalities
  1. This enforcement action aligns with Target 10.7 concerning the facilitation of orderly, safe, and responsible migration.
  2. It aims to prevent the exploitation of migrant labor, thereby reducing inequalities and ensuring that visa programs do not undercut domestic labor standards.
• SDG 16: Peace, Justice, and Strong Institutions
  1. The project demonstrates the role of government institutions in upholding the rule of law and ensuring regulatory compliance, which is central to Target 16.6 on developing effective, accountable, and transparent institutions.

Expansion of Fertility Benefits and Contributions to Health and Equality

Key Development: New Guidance on Stand-Alone Fertility Benefits

• The DOL has issued new guidance permitting employers to offer stand-alone fertility benefits, such as in-vitro fertilization (IVF), as “excepted benefits” separate from primary group health plans.

SDG Implications

• SDG 3: Good Health and Well-being
  1. This guidance promotes greater access to reproductive health services, contributing to Target 3.7, which calls for universal access to sexual and reproductive health-care services.
  2. By facilitating employer coverage for treatments like IVF, the policy supports the overall well-being of individuals and families.
• SDG 5: Gender Equality
  1. Increased access to fertility treatments supports Target 5.6, which aims to ensure universal access to reproductive health and rights.
  2. It empowers individuals with greater control over family planning, a key component of achieving gender equality.

Judicial Ruling on Gender Identity Protections and Its Challenge to Equality Goals

Key Development: Federal Court Voids Gender Identity Protections

• A federal court ruling has nullified a regulation that extended protections against sex discrimination under the Affordable Care Act to include gender identity. This decision creates uncertainty regarding protections for gender-affirming care.

SDG Implications

• SDG 3: Good Health and Well-being
  1. The ruling presents a significant obstacle to ensuring healthy lives and promoting well-being for all, as it may restrict access to necessary medical care for transgender individuals.
• SDG 5: Gender Equality
  1. This decision directly conflicts with the objective of ending all forms of discrimination (Target 5.1). By removing protections, it undermines efforts to achieve gender equality for all.
• SDG 10: Reduced Inequalities
  1. The voiding of these protections works against Target 10.2, which calls for the social and economic inclusion of all, irrespective of sex or other status.
  2. It represents a move away from ensuring equal opportunity and eliminating discriminatory policies and practices as mandated by Target 10.3.

Analysis of the Article in Relation to Sustainable Development Goals (SDGs)

1. Which SDGs are addressed or connected to the issues highlighted in the article?

1. SDG 3: Good Health and Well-being
   • The article discusses new guidance for stand-alone fertility benefits, such as in-vitro fertilization (IVF), and a court ruling that voids protections for gender-affirming care. Both topics are directly related to ensuring healthy lives and promoting well-being by addressing access to specific healthcare services.
2. SDG 5: Gender Equality
   • The federal judge’s decision to strike down gender identity protections is a direct issue of gender equality. It concerns the legal framework for preventing discrimination based on gender identity. Additionally, providing access to fertility treatments can be seen as a measure supporting women’s reproductive health and choices, which is a component of gender equality.
3. SDG 8: Decent Work and Economic Growth
   • The launch of “Project Firewall” by the Department of Labor aims to enforce H-1B visa compliance. This initiative is focused on protecting the rights of both U.S. and foreign workers, ensuring fair labor practices, and promoting a secure working environment, which are central tenets of decent work.
4. SDG 10: Reduced Inequalities
   • This goal is relevant in two areas of the article. First, the enforcement of H-1B visa regulations under “Project Firewall” relates to the rights and fair treatment of migrant workers. Second, the court ruling that voids protections for gender identity under the Affordable Care Act directly impacts inequality by removing legal safeguards against discrimination for a specific population group.
5. SDG 16: Peace, Justice and Strong Institutions
   • The article highlights actions by governmental and judicial institutions. The Department of Labor’s new guidance and enforcement initiative, and the federal court’s ruling on gender identity protections, are both examples of institutional actions that create, modify, or eliminate laws and regulations affecting people’s rights and access to justice.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Target 3.8: Achieve universal health coverage, including financial risk protection, access to quality essential health-care services and access to safe, effective, quality and affordable essential medicines and vaccines for all.
   • The new guidance allowing employers to offer stand-alone fertility benefits like IVF as “excepted benefits” directly relates to increasing access to quality essential health-care services. Similarly, the discussion around gender-affirming care protections falls under the umbrella of access to essential healthcare.
2. Target 5.1: End all forms of discrimination against all women and girls everywhere.
   • The federal judge’s ruling to void a rule that “extended sex discrimination protections under the Affordable Care Act to include gender identity” is a direct setback to this target, as it removes a legal mechanism designed to prevent discrimination.
3. Target 8.8: Protect labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment.
   • The “Project Firewall” initiative, which aims to “enforce compliance with H-1B visa regulations” and balance “U.S. workers’ rights and businesses’ needs for skilled foreign labor,” directly aligns with protecting the labor rights of all workers, including migrant workers on H-1B visas.
4. Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies and action in this regard.
   • The court ruling that “voided a Biden-era rule that extended sex discrimination protections” is an action that works against this target by eliminating a policy intended to ensure equal opportunity and reduce inequality for individuals based on their gender identity.
5. Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • The article’s focus on a federal court ruling highlights the role of judicial institutions in interpreting and enforcing laws. The decision to void protections impacts the legal framework and affects equal access to justice and legal protection for transgender individuals.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. Indicator for Target 8.8:
   • The article mentions the “launch of Project Firewall to enforce H-1B visa compliance.” An implied indicator would be the existence and enforcement of regulations governing migrant labor. The project itself is a measure of enforcement activity.
2. Indicator for Target 3.8:
   • The article discusses “new guidance on stand-alone fertility benefits.” This implies an indicator related to the proportion of employers or health plans that cover specific health services like IVF. The new guidance is a policy change that could be measured by its uptake.
3. Indicator for Target 5.1 and 10.3:
   • The article states that a “federal judge in the Southern District of Mississippi has voided a Biden-era rule that extended sex discrimination protections.” This directly relates to the indicator of whether a country has a legal framework in place to promote, enforce and monitor equality and non-discrimination on the basis of sex and gender identity. The ruling represents a negative change in this indicator at the federal level.

4. Summary Table of SDGs, Targets, and Indicators

Source: jdsupra.com