The employer argued, among other things, that the expert’s qualifications were insufficient because she is not a medical doctor and does not have a bachelor’s degree in biology.
A manufacturing employer was denied its motion to exclude certain expert testimony offered by its employee, a transgender woman, in her lawsuit alleging claims under Title VII and the ADA based on the employer’s refusal to provide her with health insurance coverage for gender-affirming care. The federal court in New Hampshire found the expert, a licensed clinical and forensic psychologist, was qualified even though she was not a medical doctor, her opinions were reliable despite having never examined or met with the employee, and those opinions could help a jury better understand gender dysphoria (Bernier v. Turbocam, Inc., No. 23-cv-523-LM-AJ (D.N.H. Jan. 7, 2026)).
The employee began working for the manufacturer of flow path components for the aerospace and turbo machinery industries in June 2019. A little over a year later, the employee, who had been born with male sexual anatomy, began presenting as a woman in public, changed her legal name to Lillian, started hormone therapy, and updated her driver’s license to reflect her new name and gender identity.
Change in health insurance plans. At the time she began receiving hormone therapy in late 2020, the employer’s health insurance plan covered transgender health services. In January 2021, however, it switched to a self-funded plan. In...
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