Transgender Surgery Coverage Bid Should Be Denied, Judge Says

December 1, 2020, 5:00 PM UTC

A transgender Arizona university professor’s health plan shouldn’t have to cover a hysterectomy while a certified class action challenging its blanket exclusion on coverage for gender transition surgery proceeds, a federal magistrate judge said.

It’s unclear at this point that Russell Toomey will win his discrimination case, the judge said.

Toomey correctly alleges that discrimination based on transgender status is discrimination on the basis of sex in violation of Title VII, the federal law that prohibits discrimination in the workplace, Magistrate Judge Leslie A. Bowman of the U.S. District Court for the District of Arizona said.

But Toomey may not ...

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