The Utah Department of Corrections violated the Americans with Disabilities Act (ADA) when it failed to provide a transgender woman with her hormone therapy, the Justice Department said Tuesday.
The state corrections department discriminated against the woman, who is not named in court documents, by denying her equal access to health care services, imposing “unnecessary barriers” to treatment for gender dysphoria and failing to grant her requests for reasonable accommodations, including allowing her to purchase female clothing and makeup at the commissary, a federal investigation found.
Utah’s corrections department also “unnecessarily delayed” the woman’s treatment for her gender dysphoria, a condition with which she had “for many years” before entering the department’s custody in 2021, according to the Department of Justice’s (DOJ) findings.
The woman’s psychological distress worsened while she was incarcerated in a men’s prison, federal investigators said, and a health care provider contracted by the state corrections department formally diagnosed her with gender dysphoria — a state of severe distress that stems from a mismatch between a person’s gender identity and sex assigned at birth.
Unlike other requests for medical care, which are typically directed to the state corrections department’s medical staff, a request for treatment for gender dysphoria is sent to the department’s gender dysphoria committee, which federal investigators described as the “gatekeeper” of care.
The committee during the woman’s incarceration included members who demonstrated “overt bias” against transgender individuals seeking care and expressed reluctance to prescribe treatment for gender dysphoria, including hormone therapy, the Justice Department said.
“Complainant’s access to medically necessary care for her disability was unnecessarily delayed due to [the Utah Corrections Department’s] biased and prolonged approval process,” DOJ Disability Rights Chief Rebecca Bond wrote Tuesday in a letter to Brian Redd, executive director of Utah’s corrections department.