Human Rights Campaign Foundation Takes Next Step in Class Action Litigation Against Trump Administration, Files Complaint with EEOC Over Prohibition on Gender-Affirming Healthcare Coverage for Federal Employees

by Aneesha Pappy

WASHINGTON — Today, the Human Rights Campaign Foundation (HRCF) took the next step in the litigation process against the Trump administration on behalf of federal employees and their families, filing a complaint with the Equal Employment Opportunity Commission (EEOC) over the Administration’s prohibition on health insurance coverage for gender-affirming care under the Federal Employee Health Benefits (FEHB) and Postal Service Health Benefits (PSHB) plans. This action follows an initial complaint filed with the US Office of Personnel Management (OPM) in response to their Carrier Letter mandating that insurance providers deny coverage for gender-affirming care. The EEOC now has 180 days to resolve the complaint before the matter can head to federal court. 

Due to OPM’s actions, starting this year, health insurers are prohibited from providing health insurance benefits for federal employees and their dependents for vital healthcare, placing care out of reach for many people solely because of who they are. Transgender people continue to face numerous barriers to access best-practice, potentially life-saving medical care, and this move represents just the latest attack from a Trump administration obsessed with undermining the rights and freedoms of transgender people. 

“The Trump administration is weaponizing medical care to push transgender public servants and their families out of their jobs and back into the closet,” said Human Rights Campaign Foundation President Kelley Robinson. “This policy is textbook discrimination and we will continue to advance this litigation until our federal employees and their families get the respect, care and dignity they deserve.” 

The EEOC filing asserts that OPM’s prohibition on coverage for gender-affirming healthcare in the FEHB and PSHB programs is in violation of Title VII. The claims are based on Title VII’s protections against discrimination based on sex, which apply to the terms, conditions, and privileges of employment

“The Federal government is supposed to be a model employer, ensuring that Federal employees are free from prohibited personnel practices. Instead, OPM’s policy prohibiting health care for transgender employees is direct evidence of discrimination, plain and simple.” said Cathy Harris of Correia & Puth, PLLC. 

To receive updates on the case, visit https://www.hrc.org/fehb-class-action.

Benefits of Transgender Medical Care:

For many people, medical care for purposes of gender transition is medically necessary care that is supported by every major medical and mental health organization as best-practice medicine — including the American Medical Association, the American Academy of Pediatrics, and the American Psychological Association. Research has consistently found that the receipt of gender-affirming care can significantly improve the lives of people who receive it.
 

The Human Rights Campaign (HRC) is the nation’s largest LGBTQ+ civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender and queer (LGBTQ+) people, with 3.6 million members and supporters. The HRC Foundation (a 501(c)(3)) works to ensure LGBTQ+ people are safe, seen and supported where it matters most: at school, at work and in every community across the country. From the courtroom to the classroom, from Congress to corporate America, HRC and the HRC Foundation build power through partnerships, storytelling, and action—working to create a future rooted in equity, freedom and belonging for all LGBTQ+ people.

Correia & Puth, PLLC is a civil rights law firm based in the District of Columbia dedicated to representing individuals confronting discrimination, retaliation, and unfair treatment. The lawyers of Correia & Puth are staunch advocates for individuals who face discrimination in the workplace, schools, healthcare settings, and other places of public accommodation. For more information, visit https://correiaputh.com/

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Topics:
Litigation