Chicago resident files lawsuit against employer and union for refusal of transgender breast removal surgery
Chicago Transgender Man Files Lawsuit Against Former Employer and Union Over Denied Health Coverage
A courageous individual in Chicago, who identifies as a man despite being biologically female, has taken a bold step by filing a federal lawsuit against their former employer and union. The lawsuit revolves around the denial of coverage for a crucial transgender breast removal surgery.
Morgan Mesi, the plaintiff, has taken legal action against Breakthru Beverage Illinois after being unjustly denied coverage for a bilateral double mastectomy and hormone therapy. This lawsuit not only challenges the discriminatory actions of the liquor distribution company but also includes Local 3 Liquor and Allied Workers Union as defendants.
In a profile featured in Qwear Media, an advertising firm known for promoting LGBT narratives, Mesi is described as a ”trans, nonbinary, and genderqueer model seeking to bring visibility to the trans community.” Their determination to fight for their rights is truly inspiring.
The lawsuit reveals that Mesi began seeking mental health consultations for gender dysphoria in November 2016 and started hormone therapy in 2017. It was during this time that Mesi also began exploring the possibility of a double mastectomy, commonly referred to as “top surgery.”
“This lawsuit is about my right to control my body free from discrimination,” Mesi passionately expressed during a news conference, emphasizing the medical necessity of the procedures and drugs involved.
In 2018, Mesi received a plan exclusion notice from the union, instructing the health insurance company to deny coverage for the surgery, deeming it as cosmetic. Despite an appeal, the union clarified that they only cover double mastectomies for cases involving cancer, a family history of cancer, or similar illnesses. Shockingly, coverage for gender transition hormones was also denied.
The lawsuit includes compelling evidence, such as doctors’ notes affirming the medical necessity of the procedures for Mesi, as well as an Equal Employment Opportunity Commission finding that suggests Breakthru Beverage may have acted unlawfully. Mesi accuses the company of violating Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and Illinois statutes.
In a significant legal precedent, the United States Supreme Court ruled in 2020, in the case of Bostock v. Clayton County, that Title VII encompasses individuals who identify as transgender within its definition of sex discrimination. Subsequently, a federal lawsuit in Georgia determined that denying gender transition procedures is discriminatory.
Furthermore, a recent decision by the Illinois Human Rights Commission in 2022 concluded that excluding coverage for essential medical interventions in employee insurance plans violates the state’s civil rights laws.
This lawsuit serves as a powerful reminder that the fight for transgender rights and equality is far from over. It is a testament to the resilience and determination of individuals like Morgan Mesi, who refuse to accept discrimination and demand justice.
Why did Breakthru Beverage Illinois deny coverage for the medically necessary procedures?
At Mesi approached their employer, Breakthru Beverage Illinois, with a request for coverage of the bilateral double mastectomy surgery and hormone therapy. However, the company denied coverage for these medically necessary procedures.
According to the lawsuit, Breakthru Beverage Illinois claimed that the procedures were not covered under their insurance plan. Yet, the plan itself did not explicitly exclude such treatment. This denial of coverage is not only discriminatory but also goes against the principles of equal access to healthcare.
Additionally, the lawsuit includes Local 3 Liquor and Allied Workers Union as defendants. Mesi argues that the union, as their representative, failed to adequately advocate for coverage and protection against discrimination based on gender identity.
Discrimination against transgender individuals is a significant issue, with many facing obstacles and mistreatment in various areas of their lives, including healthcare. The denial of coverage for necessary medical procedures further exacerbates the challenges faced by transgender individuals, often leading to emotional distress and adverse health effects.
Transgender individuals, like Mesi, have the right to receive appropriate healthcare and should not be subjected to discrimination or denied coverage based on their gender identity. The lawsuit seeks justice not only for Mesi but also for all transgender individuals who have faced similar barriers.
This case highlights the need for comprehensive and inclusive healthcare policies that cover the specific needs of transgender individuals. It also serves as a reminder that employers and unions have a responsibility to ensure equal treatment and protection of their employees, regardless of gender identity.
It is commendable that Mesi has taken a stand against discrimination and is fighting for their rights through the legal system. By doing so, they are not only advocating for themselves but also for the transgender community as a whole.
It is crucial for society to recognize and respect the identities and rights of transgender individuals. This includes providing them with equal access to healthcare and ensuring that insurance plans cover necessary procedures and treatments.
In our journey towards a more inclusive and accepting society, it is essential to challenge discriminatory practices and stand up for the rights of all individuals, regardless of their gender identity. The lawsuit filed by Morgan Mesi against their former employer and union is a significant step in this direction.
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