The denial of health insurance coverage for gender-affirming care constitutes disparate treatment discrimination under Title VII of the 1964 Civil Rights Act, the Equal Employment Opportunity Commission ruled May 30, 2024, in Marc Lawrence a/k/a Terrell C. v. Rob Shriver.
In this case, the retired employee’s Blue Cross Blue Shield FEHB Program specifically excluded coverage for services, medication, and supplies for sex transformation. Therefore, it refused to pay for his hormone therapy.
Health insurance plans in the Federal Employees Health Benefits Program are an employment benefit and therefore must allocate benefits in a nondiscriminatory fashion in order to comply with Title VII, the EEOC stated. Discrimination against an individual on the basis of gender identity or transgender status is sex discrimination under Title VII, it said.
In 2020, the Supreme Court held in Bostock v. Clayton County that Title VII prohibits discrimination based on sexual orientation and gender identity. Since then, the ruling’s scope has been a matter of debate. This decision is the latest example of the EEOC’s expansive interpretation of Bostock.
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