Federal Employee Health Benefits Class Action
Frequently Asked Questions
Why is this case being filed?
In August 2025, the U.S. Office of Personnel Management (OPM) issued a Carrier Letter to all Federal Employee Health Benefits (FEHB) and Postal Service Health Benefits (PSHB) Carriers stating that insurance coverage for gender-affirming care will be severely limited in Plan Year 2026. The letter states that:
For Plan Year 2026, chemical and surgical modification of an individual's sex traits through medical interventions (to include “gender transition” services) will no longer be covered under the FEHB or PSHB Programs. This exclusion expands upon Carrier Letter 2025-01a and applies regardless of age.
https://www.opm.gov/healthcare-insurance/carriers/fehb/2025/2025-01b.pdf
Because this policy discriminates against transgender federal employees and federal employees with transgender dependents on the basis of sex, in violation of law, we are suing OPM on behalf of a class that includes these individuals.
Where is this case being filed?
Plaintiffs will first pursue administrative claims with OPM. If the matter does not resolve at that stage, we will pursue class claims before the Equal Employment Opportunity (EEOC). Upon exhaustion of the claims at the administrative level, plaintiffs will have the option to pursue a class action lawsuit in federal district court.
This matter is now before the EEOC.
Who is representing the class?
The Class is being represented by the law firms of Correia & Puth, PLLC, Cohen Milstein Sellers & Toll PLLC, and the Human Rights Campaign Foundation.
Am I a class member?
At the administrative filing stage, we are seeking relief on behalf all those affected by the discriminatory denial of gender-affirming care, including federal employees and their dependents. An Administrative Judge may decide in the coming months whether the matter can proceed on a class basis. Once that decision is made, we will know more about who is covered.
What do I need to do?
If you have been affected by the plan changes and are seeking advice, you can contact class counsel at fehblitigation@hrc.org. We may ask you to provide us with more information about your individual circumstances and may be able to connect you with legal or nonlegal resources where available. Communications to HRC seeking legal advice are confidential and subject to attorney-client privilege.
Do I need to file my own EEO complaint?
The putative class for the case, brought pursuant to Title VII on the basis of sex discrimination, is defined as:
Federal employees enrolled in the Federal Employee Health Benefits program (FEHB) or the Postal Service Health Benefits program (PSHB) who have been or will be denied their or their dependents’ claims for insurance coverage for certain gender-affirming medical care due to the Office of Personnel Management’s (OPM) policy to eliminate insurance coverage for this care as of January 1, 2026.
The choice is yours as to whether you want to file an individual complaint, which may potentially include claims other than those brought on behalf of this class. Please check back here for updates on the status of the case. If you have any questions about this topic, please contact us at fehblitigation@hrc.org.
For resources on the "exceptions" and administrative appeal process, you can visit A4TE's website here.
How can I find out more information about the case?
Find out more information and keep up to date on the case at hrc.org/fehb-class-action.
How do I contact Class Counsel?
Contact us at fehblitigation@hrc.org for more information.
