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An arm of the Human Rights Campaign launched a class-action lawsuit on Monday challenging the Trump administration’s gender-affirming care coverage ban in federal workers’ health insurance plans.
The lawsuit claims the ban violates the federal prohibition on sex discrimination in the workplace.
“Our message to the Trump administration is simple: We’ll see you in court,” Human Rights Campaign President Kelley Robinson said in a statement.
“Healthcare access should never be weaponized to advance discrimination — and the denial of coverage for critical healthcare based simply on who you are blatantly violates the rights of all of us,” Robinson continued.
At the start of the year, the Office of Personnel Management (OPM) announced it was eliminating coverage for chemical and surgical interventions that seek to modify a person’s sex traits. OPM acts as the human resources department of the executive branch and manages health plans for federal workers.
The push is part of President Trump’s Day 1 executive order that seeks to root out “gender ideology.” His administration has also looked to restrict interventions for transgender inmates, cut off federal grants and ban transgender troops from serving in the military.
The suit is brought by five federal workers who are seeking the now-uncovered treatments for themselves or a family member.
They say the ban violates Title VII of the Civil Rights Act of 1964, which bars employers from discriminating against someone “because of” sex.
In 2020, the Supreme Court ruled companies cannot fire someone merely because they’re transgender. Last year, the court upheld restrictions on gender-affirming care for minors.
The Human Rights Campaign has voiced opposition to OPM’s plan for months. The group is now turning to the courts after filing complaints earlier this year with a federal agency that investigates workplace discrimination.
“They are unable to pay out of pocket for the medically necessary gender-affirming procedures they need, are contemplating draining their savings, or are undertaking significant financial hardship to meet their medical needs,” the lawsuit states.
In addition to the Human Rights Campaign, the workers are also represented by the law firms Correia & Puth and Cohen Milstein Sellers & Toll. The legal team includes Cathy Harris, whom Trump fired from a board established to protect civil service employees.
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