By Nicholas De Baun and Tara Ellis

Seyfarth Synopsis: On December 23, 2019, District Judge Rosemary Marquez ruled, in connection with a motion to dismiss, that Title VII does protect discrimination based on a person’s transgender status, and that a health insurance plan’s exclusion for gender reassignment surgery may not be “rationally related to a legitimate government interest.”
Continue Reading Exclusion for Gender Reassignment Surgery May Violate Title VII and the Equal Protection Clause

By Nicholas De Baun and Tara Ellis

Seyfarth Synopsis:  In Toomey v. U of Arizona, No. 19-35 (D. Ar. June 24, 2019), the Magistrate Judge determined on a motion to dismiss that Title VII does not prohibit discrimination based on a person’s transgender status.  However, she decided that the plaintiff had adequately alleged that the health plan exclusion
Continue Reading Exclusion for Gender Reassignment Surgery May Disadvantage a “Suspect Class”