Lillian Bernier, a transgender machinist at Turbocam Inc., filed a lawsuit against her employer and its health care plan providers after being denied insurance coverage for transition procedures. Bernier began her transition in October 2020 and has undergone medical treatment for gender dysphoria. However, her health insurance plan excludes coverage for this care, leading her to pay for some treatments out of pocket and delaying others.
Alleged Violation of Federal and State Laws
The lawsuit claims that the insurance exclusion for transition-related care violates federal anti-discrimination laws prohibiting discrimination based on sex and disability. It also alleges violations of New Hampshire state law, which prohibits discrimination based on sex, gender identity, and disability.
GLAD’s Involvement
GLBTQ+ Legal Advocates and Defenders (GLAD) is representing Lillian Bernier in the lawsuit. GLAD initially filed a discrimination claim on her behalf with the New Hampshire Human Rights Commission, a requirement before filing a lawsuit in court. The U.S. Equal Employment Opportunity Commission (EEOC) issued Bernier a “right to sue” letter in October, leading to the lawsuit.
Employer’s Identity as a Christian Company
Turbocam Inc. identifies itself as a Christian company with a mission to honor God and support Christian service. The company manufactures parts for various industries, including heating, ventilation, and air conditioning systems, as well as the automotive and airline sectors.
Response to the Lawsuit
Turbocam’s attorney, Jordan Pratt of First Liberty Institute, previously stated that the company sees all employees as created in God’s image and provides support in line with its mission, faith, and the law. While employees have the option of a cash bonus to choose their health insurance, GLAD argues that it is insufficient for Bernier to afford different coverage.
Lawsuit Objectives
The lawsuit seeks a declaration that Turbocam and its health plan providers have engaged in illegal discrimination and requests an order to cease such practices. Additionally, it seeks punitive and compensatory damages, as well as attorneys’ fees and court costs.
Bernier’s Statement
Lillian Bernier expressed her pride in her work as a machinist at Turbocam and her reliance on her job’s pay and health care coverage. She emphasized her desire for fair coverage and equal treatment compared to her coworkers.
GLAD’s Statement
GLAD attorney Chris Erchull argued that providing lesser health benefits to transgender workers constitutes employment discrimination. The lawsuit aims to ensure that Bernier is treated with dignity, humanity, and fairness like other employees.
