The Washington Report

February 5, 2025

Note to Subscribers

While we do our best to provide timely updates, it is possible that the information shared in the newsletter may change after our publication deadline.

Health

 

EEOC Announces Guidance Related to Gender Identity
On January 28, 2025, the Equal Employment Opportunity Commission (EEOC) announced guidance related to gender identity. The directive was based upon the President’s Executive Order 14168.

The news release is available here.

Aon Publications

 

Court Dismisses J&J ERISA Fiduciary Claims but Fiduciary Risk Remains for Employer Health Plan Sponsors
On Friday, January 24, 2025, the U.S. District Court of New Jersey dismissed the two claims of fiduciary breach brought against the Johnson & Johnson group health plan in Lewandowski v. Johnson and Johnson, ruling that the named plaintiff lacked standing to sue the plan since she had not established a redressable injury (a harm that the court can fix). The plaintiff’s third claim, alleging a failure to furnish plan documents within 30 days of a written request as required under ERISA, survives and may go to trial, but a failure to furnish documents is well-settled law.

While dismissal of the fiduciary breach claims is a victory for Johnson & Johnson, the court’s reasoning suggests that employer plans remain at risk for similar claims if a plaintiff can establish an injury from the plan’s actions and an award can make the plaintiff whole.

This Aon bulletin discusses:

• The plaintiff’s fiduciary breach claims;
• The district court’s decision dismissing the fiduciary breach claims; and
• Implications for employers.

The Aon bulletin is available here.