A retired transgender employee of a county in upstate New York is suing the county for denying him health insurance coverage for his transition-related care.
Sean Simonson, a former case worker for the Oswego Department of Social Services for nearly 30 years, was diagnosed with gender dysphoria in February 2015, after which he began taking steps to transition, including legally changing his name. As part of his doctor-recommended treatment for gender dysphoria, Simsonson was to be placed on hormone replacement therapy and receive a double mastectomy.
However, Simonson was denied coverage because of a discriminatory exclusion in his county-provided health insurance plan that prohibits money from being used for treatments like hormones or gender confirmation surgery. Simonson and his doctor appealed to the insurance company, and eventually filed a complaint with the Equal Employment Opportunity Commission.
The EEOC subsequently issued a determination in June finding reasonable cause to believe that Oswego County and the Oswego Department of Social Services had discriminated against Simonson “due to his sex (transgender status/gender identity) in violation of Title VII.” Lambda Legal, on behalf of Simonson, notified the New York Attorney General’s Civil Rights Bureau, which launched an investigation into the case.
In November, New York Attorney General Eric Schneiderman announced a settlement with Oswego County to ensure that transgender employees and retirees have access to medically necessary health care coverage through their employer-sponsored health plan. As part of that settlement, Oswego County has agreed to eliminate the exclusion of transition-related care from the health plan, extend a new benefit covering transition-related care for county employees and retirees, and provide annual training for county employees and employees of its benefits administrator concerning the new benefit.
Unfortunately, the agreement does not include compensation for current and former employees who have already been denied coverage under the old policy. As a result, Simonson and his lawyers from Lambda Legal filed a lawsuit to recoup some of the out-of-pocket costs he was forced to bear.
The lawsuit, which was filed in federal court, alleges that the county’s policy and the resulting denial of insurance coverage constitutes sex discrimination and violates federal and state laws, including the Fourteenth Amendment to the U.S. Constitution, Title VII of the Civil Rights Act, a portion of the Affordable Care Act, and New York’s nondiscrimination law.
“For years, Oswego County failed to comply with its legal obligation to treat its transgender employees with dignity and without bias. While Oswego County has finally rescinded its discriminatory policy, it simply is not enough to make up for the years of suffering Sean endured and the thousands of dollars he paid out-of-pocket from retirement savings because the County discriminated against him,” Omar Gonzalez-Pagan, a staff attorney and health care strategist at Lambda Legal said in a statement. “Oswego County needs to acknowledge and remedy the damage that has been done.
“Everyone should have access to health insurance that makes medical care affordable and accessible, especially when it has been promised as part of our employment compensation,” Gonzalez-Pagan added. “Unfortunately, transgender employees of Oswego County have been denied this right and instead been consigned to second-class-citizen status. Through this case we look to make it clear that such discriminatory treatment has consequences and can’t be tolerated.”
A Milwaukee school principal has been sued in federal court by a gay couple who allege he bullied, harassed, threatened, and assaulted their son for having two same-sex parents, violating the child's civil rights in the process.
The parents, referred to as M.P. and T.L. in the lawsuit, claim that Kasongo Kalumbula allegedly mistreated their son because of his family's makeup.
The lawsuit, filed last week in the U.S. District Court for the Eastern District of Wisconsin, asks for a jury trial and seeks an undetermined amount in damages.
It alleges that Kalumbula, who served as the assistant principal, and later, acting principal, of the Milwaukee French Immersion School from September 2018 to October 2021, physically and verbally abused the child -- who was in first grade when the harassment started -- and routinely singled him out for discipline.
A proposed bill in Kentucky would remove transgender children from their parents' custody if they are caught using bathrooms at school that don't match their assigned sex at birth.
Sponsored by State Rep. Jason Petrie (R-Elkton), the measure does not explicitly mention transgender children or bathrooms. It does, however, refer to various provisions governing student conduct.
These include a "bathroom ban" that was passed last year as part of a sweeping anti-transgender bill that also banned access to gender-affirming care for minors, use of gender-affirming pronouns in school environments, and "Don't Say Gay"-style prohibitions on classroom content.
A Planet Fitness gym in Alaska banned an anti-LGBTQ woman who photographed a transgender member who was using the women's locker room.
Patricia Silva, a life coach from Fairbanks, Alaska, posted a public Facebook video on March 11, in which she claimed to have seen a "man shaving in the woman's bathroom" at the gym, reported the British tabloid Daily Mail.
"I realize he wants to be a woman, he gets to be a woman," Silva said in the video. "I love him in Christ. He's a spiritual being having a human experience. He doesn't like his gender, so he wants to be a woman, but I’m not comfortable with him shaving in my bathroom. All right. I just thought I'd say it out loud."
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