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Turbocam's insurance plans exclude any coverage for this care, so Lillian Bernier is suing.
A transgender worker who was denied insurance coverage for her transition procedures is suing her employer and its health care plan.
Lillian Bernier, represented by GLBTQ+ Legal Advocates and Defenders, filed the suit Tuesday in U.S. District Court in New Hampshire. It names her employer, Turbocam Inc., and Health Plans Inc. and Harvard Pilgrim Health Care of New England, which jointly developed, administer, and operate Turbocam’s health benefits plan.
Bernier has worked as a machinist at Turbocam, based in Barrington, N.H., since 2019. She began to transition to living as female in October 2020 and began receiving medical treatment, according to the lawsuit. She was assigned male at birth but has known from an early age that she is female, the suit says. She has been diagnosed with gender dysphoria by her primary care physician and by her mental health counselor, and she legally changed her name to Lillian Bernier in February 2021.
“She has needed, and continues to need, hormone replacement therapy, counseling, and medically recommended surgeries to treat her gender dysphoria,” the suit notes. But her health insurance plan excludes coverage for this care, and she has paid out of pocket for some treatment while forgoing or delaying other procedures, according to the suit. Turbocam and its lawyers have told Bernier and her attorneys that the company will maintain the exclusion.
The exclusion, however, “violates federal law prohibiting discrimination based on sex and disability, and New Hampshire state law prohibiting discrimination based on sex, gender identity, and disability,” says a GLAD press release.
GLAD initially filed the discrimination claim on Bernier’s behalf last December with the New Hampshire Human Rights Commission, a preliminary requirement to filing the lawsuit in court. The initial claim was cross-filed with the U.S. Equal Employment Opportunity Commission, which issued Bernier a “right to sue” letter in October. New Hampshire then closed her case, leaving the lawsuit as the only path available to her.
Turbocam identifies itself as a Christian company. Its website states that its mission is “to honor God, create wealth for its employees, and support Christian service to God and to people.” The company manufactures parts for heating, ventilation, and air conditioning systems as well as the automotive and airline industries.
Responding to the New Hampshire and EEOC filing several months ago, attorney Jordan Pratt of First Liberty Institute, representing Turbocam, told The Boston Globe, “Turbocam sees Lillian and all employees as created in God’s image and is providing as much support as possible consistent with its mission, faith and the law.”
Pratt also told the Globe that employees “have the option of taking a substantial cash bonus that they can use to choose any health insurance or medical services they desire.” However, attorney Chris Erchull of GLAD said that was not enough to allow her to pay for other coverage.
“A company like Turbocam does not have a legally protected right to provide lesser benefits to transgender employees simply because of the owner’s religious belief,” Erchull added in the Globe article.
First Liberty usually represents clients that are part of the religious right. Turbocam referred The Advocate to First Liberty regarding the current suit, and we have requested comment but have yet to hear back.
“I’m proud of my work as a machinist at Turbocam,” Bernier said in the release. “Like everyone else I rely on the pay and health care coverage from my job to support myself and my family. Even though I pay into the employee health plan like everyone else, I have had to pay out of pocket for my health care in addition to that, which is a stress on me and my family. I’m just asking for fair coverage and to be treated the same as my coworkers.”
“Providing lesser health benefits to transgender workers is employment discrimination,” Erchull added in the release. “By maintaining a blanket exclusion of coverage for health care related to gender transition, Turbocam is trying to sidestep the law, which they would be unable to do were Harvard Pilgrim and HPI not facilitating the discrimination. Lillian has dedicated her time and energy to Turbocam, including working onsite throughout the COVID pandemic. She is simply asking to be treated with the same dignity, humanity, and fairness as other employees.”
The suit seeks a declaration that Turbocam and the health plan have committed illegal discrimination and an order for them to cease doing so. It also seeks punitive and compensatory damages plus attorneys’ fees and court costs.
