Arizona Transgender Professor Fights to Save Gender Bias Claim

A University of Arizona professor is fighting a magistrate judge’s recommendation that his sex discrimination claims against the state be dismissed.

Russell Toomey, a transgender man, sued the state, the university, and state officials alleging his employer-provided health insurance’s blanket exclusion of coverage for gender reassignment surgery violates Title VII and the U.S. Constitution’s Equal Protection Clause.

Magistrate Judge Leslie A. Bowman, of the U.S. District Court for the District of Arizona June 24 recommended the court dismiss Toomey’s Title VII claim, but allow the equal protection claim to proceed. Discrimination in employment based on transgender status doesn’t violate Title ...