Arizona Transgender Professor’s Insurance Bias Case Proceeds

A University of Arizona transgender professor whose employer-provided health plan excludes coverage for “gender reassignment surgery” can proceed against his employer on sex bias claims, a federal district court in Arizona said.

Russell Toomey stated a cause of action under Title VII, the U.S. District Court for the District of Arizona held. “Discrimination based on transgender status or identity is discrimination based on sex because, but for the individual’s sex, the employer’s treatment of the individual would be different,” the court said Dec. 23.

The court rejected a magistrate judge’s report that recommended dismissing Toomey’s Title VII claim, saying a ...