Judge Recommends Tossing Transgender Professor’s Sex Bias Claim

Federal sex discrimination claims based on an employee health insurance plan’s exclusion of coverage for gender reassignment surgery should be dismissed, a federal magistrate judge said.

Russell Toomey is a transgender man who teaches at the University of Arizona. He sued the state, the university, and state officials alleging the state-provided plan’s exclusion 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.

Toomey’s doctor recommended he ...