Tuesday, 24 December 2024

DOJ sues Utah for allegedly discriminating against transgender inmate


The Department of Justice on Tuesday sued Utah and its Department of Corrections (UDOC), as well as the state Department of Health and Human Services, alleging that they violated the Americans with Disabilities Act (ADA) by denying gender-related treatments for a transgender inmate and refusing accommodation requests.

"Defendant, through UDOC, has unlawfully discriminated against the Complainant on the basis of her disability, gender dysphoria, by denying her equal access to healthcare services and failing to reasonably modify policies, practices, or procedures where necessary to avoid discrimination against the Complainant, in violation of Title II of the ADA," the filing reads. "Defendant has also imposed unnecessary eligibility criteria for evaluation and treatment for gender dysphoria for incarcerated persons at UDOC that it does not require for other health conditions."

At issue is the treatment an incarcerated person with gender dysphoria. The DOJ contends that the UDOC's process for approving treatment for the condition for an inmate was substantially more complicated than that for other conditions.

"UDOC has imposed eligibility criteria on incarcerated individuals seeking health care for gender dysphoria that are not placed on incarcerated individuals seeking health care for other conditions," the filing read.

"Among other requests, Complainant sought reasonable modifications including to be permitted to purchase female clothing and personal items in the commissary, to modify pat search policies, and to individually assess her housing requests to avoid discrimination on the basis of gender dysphoria," it also stated.

The DOJ is seeking an order that the UDOC change its policies toward approving gender dysphoria treatments, provide said treatments to the complainant, and award damages.

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.


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