Transgender Bias Case Can Advance Despite ERISA, Professor Says

A federal court should reject Arizona’s attempt to derail a suit over a state employee health plan’s blanket coverage exclusion for gender-affirming surgery, a transgender professor says.

Russell Toomey sued Arizona to have the plan declared unlawful under Title VII, which prohibits sex discrimination in employment, and for violating constitutional equal protection guarantees. The state said the case should be dismissed because Toomey didn’t exhaust his remedies under the plan.

But the exhaustion requirement doesn’t apply to Title VII or equal protection claims, Toomey told the U.S. District Court for the District of Arizona July 16 in response to the ...