Transgender Discrimination in Veteran Affairs

LGBTQIA+ people have the right to a workplace free from gender discrimination.

Transgender Discrimination in Veterans Affairs: Understanding the Struggle for Equality

Introduction

Transgender veterans who have served honorably face a unique and heartbreaking battle outside of the military. Discrimination within the Department of Veterans Affairs (VA) often leaves them without access to essential healthcare, pushing them into a fight for their basic rights after a life of service to the country.

This issue was brought to light recently with the case of Jane Doe, a former army veteran battling gender identity discrimination in the VA. Her lawsuit against the department highlights how new administration policies can impact not only her life but also thousands of other transgender veterans.

This post explores the history of transgender individuals in the military, the legal basis of Jane Doe’s case, and the broader implications of achieving equal rights and services for transgender veterans.

Background of Transgender Individuals in the U.S. Military

“This is discrimination, plain and simple,” said Donovan Bendana, a member of Yale Law School’s Veterans Legal Services Clinic

The history of transgender individuals in the U.S. military is marked with both service and struggle. While transgender people have always served, policies have continually excluded them. Until recently, many service members faced forced discharge if their gender identity was revealed, placing immense pressure on them to hide their authentic selves.

Progress came when, in 2016, the military began allowing transgender individuals to serve openly. However, in 2019, a restrictive policy barred most transgender individuals from enlisting, leading many to believe those earlier strides were being reversed.

The disparities continued into the Department of Veterans Affairs’ healthcare policies. Until 2018, the VA enacted a monumental change to provide health coverage for transitioning veterans, including hormone replacement therapy. This policy was seen as a lifeline for transgender veterans, acknowledging their needs and offering a step toward inclusivity. However, in March 2023, this progress was undone when Secretary Doug Collins abruptly rescinded the coverage, leaving veterans like Jane Doe in a devastating situation.

Case Study Jane Doe vs. Department of Veterans Affairs

Jane Doe is one courageous individual whose story has brought nationwide attention to discrimination against transgender veterans. An Army veteran with 11 years of honorable service, Doe was diagnosed with gender dysphoria in 2017. With her physician’s guidance, she was prescribed hormone replacement therapy, which allowed her to serve effectively for another seven years in the National Guard.

Yet, when Doe retired, the VA abruptly terminated this critical coverage. Despite her 100% service-connected disability rating, which should entitle her to comprehensive care from the VA, she now finds herself without access to necessary medication.

“This is discrimination, plain and simple,” said Donovan Bendana, a member of Yale Law School’s Veterans Legal Services Clinic, who is representing Doe in court. The petition challenges the VA’s decision as unconstitutional and a violation of federal antidiscrimination laws.

For veterans like Doe, the consequences are severe. Unable to work due to her service-connected disability, she cannot afford the necessary medications. “I feel abandoned by the institution that once promised to ‘never leave a soldier behind,’” she shared.

Legal Arguments and Basis of the Lawsuit

The lawsuit filed by Jane Doe’s legal team highlights multiple legal violations by the VA. It asserts that the cancellation of her healthcare coverage breached both federal anti-discrimination statutes and constitutional rights.

Violations of Federal Anti-Discrimination Laws

Under Title VII of the Civil Rights Act, it is unlawful to discriminate on the basis of gender identity. The Supreme Court’s 2020 ruling in Bostock v. Clayton County further reinforced that protections for transgender individuals are included under this ruling.

By rescinding coverage specifically for transgender veterans while offering comprehensive medical care to others, the VA has violated this precedent. The lawsuit argues that health care is being denied on the discriminatory basis of Jane Doe’s gender identity.

Constitutional Violations

The case also raises constitutional questions, including potential violations of the Equal Protection Clause of the Fourteenth Amendment. By providing disparate treatment to transgender veterans, the VA may be found to have unlawfully infringed upon their rights to equal treatment under the law.

The Impact on Transgender Veterans Nationwide

The outcome of this lawsuit will likely resonate far beyond Jane Doe, setting a legal precedent with implications for thousands of transgender veterans across the country.

If the courts rule in favor of Doe, the VA may be required to reinstate healthcare coverage for transgender veterans, guaranteeing access to the critical treatment they need. This would represent a significant step toward equity and inclusivity within the realm of veteran support services.

A victory would also apply pressure on policymakers to reconsider the systemic challenges transgender veterans face, including barriers to housing, employment, and mental health support. It could lay essential groundwork for eliminating gender identity discrimination in federal services more broadly.

Broader Context: Protecting LGBTQIA Rights

Federal Protections

Federal laws already provide foundational protections for LGBTQIA individuals across employment, housing, and education. The Bostock decision clarified that gender identity and sexual orientation fall under the umbrella of sex-based protections. Similarly, Title IX protects transgender students, while the Fair Housing Act prohibits gender identity discrimination in housing.

State-Level Laws Example: California

Certain states, like California, offer robust protections for LGBTQIA individuals. The California Fair Employment and Housing Act (FEHA) prevents discrimination based on gender identity across employment and housing. Additionally, policies like the Gender Recognition Act allow Californians to update identification documents to reflect their authentic selves without medically transitioning.

While some states, like California, provide extensive protections, others lag behind. Activists argue that federal standards must be strengthened to ensure consistent protections regardless of state boundaries.

How You Can Take Action

The fight for equitable treatment of transgender veterans is far from over, and you can make a difference. Here’s how to help:

Donate to Organizations Groups like the National Center for Transgender Equality and Yale’s Veterans Legal Services Clinic advocate for transgender veterans. Monetary support aids their legal battles and outreach programs.
Spread Awareness Share articles like this and Jane Doe’s story on social media to keep these issues visible.
Contact Lawmakers Urge your representatives to pass legislation ensuring equal healthcare access for all veterans.
Volunteer Look for local organizations that support LGBTQIA rights and offer your time where needed.

Taking even one of these steps can help create meaningful change for transgender veterans.

Progress Must Extend to All Veterans

Every American veteran deserves respect, support, and access to the care they need, regardless of their gender identity. Cases like Jane Doe’s illuminate the ongoing disparities within federal systems designed to serve those who served this country.

The road to justice for transgender veterans might be long, but it’s a fight worth pursuing. Together, through legal action, advocacy, and community support, we can ensure that no service member is left behind.

Are you ready to stand up for equality? Share Jane Doe’s story, educate yourself about transgender issues, and make your voice heard.

If you or a loved one has faced discrimination due to your transgender identity, know that you are not alone, and legal help is available. At Helmer Friedman LLP, we are dedicated to fighting for justice on behalf of those who have been wronged. Contact our experienced discrimination attorneys for a confidential consultation to discuss your case and explore your options for holding discriminatory systems or individuals accountable.

March 17, 2025

Celebrating Hillary Clinton’s Legacy in Honor of Women’s History Month

Constitutional rights lawyers of Helmer Friedman LLP.

Hillary Clinton’s name is indelibly etched into the annals of history, not merely as a trailblazer, but as a fierce and relentless advocate for justice, equality, and progress. Her historic accomplishments in governmental leadership, coupled with her unwavering commitment to championing the rights of women and children, embody the spirit of perseverance and the transformative power of breaking barriers.

As we celebrate Women’s History Month, we reflect on her groundbreaking contributions and her unapologetic pursuit of justice. Clinton’s journey has served as a beacon of inspiration for countless women, urging them to dream boldly, act courageously, and redefine the limits of possibility.

Pioneering Firsts in Public Service

Hillary Clinton has undeniably shattered the glass ceilings that have long characterized the political arena, which has often been dominated by men. Her remarkable achievement as the first woman to secure a major U.S. political party’s presidential nomination in 2016 stands as a historic milestone — one that ignited hope and aspirations in millions of women who saw her triumph as a testament to their own potential and dreams.

Before this landmark achievement, Clinton’s illustrious career spanned various pivotal roles that solidified her legacy within the intricate fabric of American politics and the broader realm of global diplomacy. As the 67th United States Secretary of State from 2009 to 2013, she tirelessly championed human rights, expanded the nation’s diplomatic outreach, and advocated for policies that promoted global cooperation and peace. Her tenure in the U.S. Senate from 2001 to 2009 as the first female senator from New York was characterized by her ability to forge bipartisan alliances, striving to improve healthcare and enhance homeland security for all citizens. Additionally, during her time as First Lady of the United States from 1993 to 2001, her advocacy transcended ceremonial duties; she focused on healthcare reform, the welfare of children, and the rights of women, leaving an indelible impact on the nation.

These transformative roles not only solidified her political stature but also illuminated her remarkable capacity to turn opportunities into vital platforms for change, inspiring generations to follow in her footsteps.

A Legacy of Advocacy for Women and Children

At the heart of Hillary Clinton’s enduring legacy lies an unwavering dedication to advancing the welfare of children and championing the rights of women. One of her most significant achievements was her transformative role in establishing the State Children’s Health Insurance Program (CHIP) during her tenure as First Lady. This groundbreaking initiative was designed to extend crucial healthcare coverage to low-income children, currently benefitting over eight million young lives across the United States. By providing access to essential health services, CHIP stands as a testament to her commitment to fostering a healthier future for generations.

Clinton’s influence extends far beyond American borders. Her iconic speech at the 1995 United Nations Fourth World Conference on Women in Beijing, where she boldly proclaimed that “women’s rights are human rights,” resonated as a powerful rallying cry for gender equality across the globe. This pivotal moment marked a significant turning point in the struggle to transform legal frameworks and cultural attitudes that have historically marginalized women, igniting hope and action in the hearts of many.

Moreover, as Secretary of State, Clinton took a courageous stand against human trafficking and sexual violence in conflict zones, leveraging her position to advocate for the most vulnerable. Through her relentless efforts, she successfully urged the United Nations Security Council to adopt a landmark resolution addressing these critical issues, further cementing her global reputation as a passionate advocate for justice and equality.

Breaking Barriers in Public and Private Life

Clinton’s illustrious career is not solely defined by her political achievements, but also by her remarkable ability to break barriers across various domains. She made history as the first female partner at the prestigious Rose Law Firm in Arkansas and founded Arkansas Advocates for Children and Families, positioning herself as a trailblazer for change.

Her time as First Lady of Arkansas was marked by her leadership in numerous educational initiatives, including the innovative Arkansas Home Instruction Program for Preschool Youth, which emphasized the importance of early childhood literacy. This initiative showcased her belief in the transformative power of education and her commitment to nurturing young minds. Subsequent to this role, as a U.S. senator, she championed legislation aimed at supporting caregivers and tirelessly worked to enhance healthcare systems for military families, demonstrating her dedication to serving those who serve the nation.

In addition to her political accomplishments, Clinton’s extraordinary personal resilience shines brightly. She has faced the rigorous demands of political campaigns and navigated deeply personal challenges with unwavering strength, emerging as a steadfast beacon of determination and hope. Her journey serves as an inspiration to many, reflecting the profound impact of tireless advocacy and the relentless pursuit of justice.

An Inspirational Symbol for Women’s History Month

Hillary Clinton’s illustrious career stands as a powerful testament to unwavering perseverance and the relentless pursuit of progress. She exemplifies the belief that true leadership transcends mere authority; it’s about forging pathways of opportunity and championing the voices of those who often go unheard.

Her profound impact underscores the critical importance of diverse representation in leadership roles. After the 2016 election, she poignantly remarked, “Although we weren’t able to shatter that highest, hardest glass ceiling this time, thanks to you, it’s got about 18 million cracks in it.” These stirring words continue to ignite the passions of women everywhere, encouraging them to dream bigger, embrace bold actions, and remain steadfast in the face of adversity.

Carrying Forward Her Legacy

As we celebrate Women’s History Month, Hillary Clinton’s enduring legacy poignantly reminds us that the struggle for equality and justice is far from complete. Her relentless dedication to advocating for vital issues, whether it be healthcare, education, or women’s rights, sets a remarkable standard for what it truly means to leave an indelible mark on the world. Her journey inspires us all to continue the fight and strive for a future where everyone can thrive.

June 27, 2024July 15, 2024

Healthcare Services Group settles English Only Rule Discrimination Lawsuit

Helping Employees Recover and Enforcing Employment Laws Helmer Friedman LLP.

Healthcare Services Group, Inc., a company that offers housekeeping and other services to healthcare facilities and has 35,000 employees across 48 states, has reached an agreement to provide compensation and corrective measures to an employee following an investigation.

The case involved a female employee working as a “light housekeeper” at a nursing home in Concord, California, who alleged that the company prohibited her from speaking Spanish while at work. The investigation confirmed the existence of an “English-only” rule, a policy that, if enforced without justification by business necessity, constitutes a violation of Title VII of the Civil Rights Act of 1964.

“Restrictive language policies are only allowed if they are required to ensure safe or efficient business operation and is put in place for nondiscriminatory reasons. Client relations and customer preference do not justify discriminatory policies,” said Rosa Salazar, acting director of the EEOC’s Oakland Local Office.

Title VII prohibits national origin discrimination unless there is a business necessity, making “English Only” policies a violation of federal law. Furthermore, these policies are considered discriminatory because they negatively impact workers who speak English as a second language, treating them differently when they use their native language and subjecting them to reprimands or other consequences.

Following the investigation, a settlement was reached after the parties engaged in a pre-litigation conciliation process. As part of the settlement, Healthcare Services Group will provide monetary damages to the housekeeper and offer training for all California employees, as well as specific training for California managers and human resources personnel.

The company also agreed to revise its California policies to explicitly state that employees not involved in patient care are not restricted in the languages they speak at work and have the right to use their preferred language. These policies will be issued in English, Spanish, and other languages spoken by 5% or more of its California workforce. Additionally, the company will remove English fluency requirements from the light housekeeper job description and post a notice of the agreement for two years.