The department filed a statement of interest in a federal court case, arguing that the RFRA protects businesses and individuals from forced coverage when it would violate their religious beliefs.
Recently, the U.S. Department of Justice announced that it has filed a statement of interest in a lawsuit filed by a transgender machinist against their employer, in which the machinist alleges that the ADA and Civil Rights Act require the employer to provide insurance plans to cover treatment for the employee’s gender dysphoria. The lawsuit alleges that the exclusion of insurance coverage for the employee’s healthcare violates federal law prohibiting discrimination based on sex and disability and New Hampshire state law prohibiting discrimination based on sex, gender identity, and disability.
In the statement of interest, DOJ, purporting to act on behalf of the United States, seeks “to express to this Court the government’s determination based on the statutes that gender dysphoria procedures are not covered by the ADA or Title VII, and to alert the court to the religious rights, and legal and factual controversies surrounding the Plaintiff’s claims.”
Not a disability, agency argues. First, DOJ argues that gender dysphoria is not a disability under the ADA. “Gender dysphoria not resulting from a physical impairment is a ‘gender identity disorder’ subject to the ADA’s GID exclusion, and thus not a protected disability under the ADA,” DOJ contends. “Because the ADA does not define...
Massachusetts Gov. Maura Healey blasted Robert F. Kennedy Jr. and other federal officials after the Centers for Disease Control and Prevention's website was changed to contradict the longtime scie...