University of Georgia employee Skyler Jay paid $16,200 for his gender reassignment surgery, a procedure not covered under the University System of Georgia’s healthcare policy.
This exclusion constitutes health care discrimination against trans people, Jay said, and he filed a lawsuit against USG for being denied this care.
This is the first trans health lawsuit of this kind filed in the South, according to the Equality Case Files.
“I feel like I’ve been preparing for this since I was an undergraduate,” said Jay before his case was heard in federal court on Wednesday, Feb. 6. “It’s something that needs to happen. Trans health is an issue that’s not going away. Whether I’m the one who opens the door and finishes the race or not, this needs to happen.”
Jay, a former guest on Netflix’s season two of “Queer Eye,” works as a UGA catering manager and has BlueCross BlueShield health insurance under the university.
BCBS and USG declined to comment on the active lawsuit.
"Trans health is an issue that’s not going away. Whether I’m the one who opens the door and finishes the race or not, this needs to happen.”
-- Skyler Jay, UGA transgender employee
The case
Jay and his legal team are alleging the omission of treatment for gender dysphoria is sex- and gender-based discrimination. Gender dysphoria is classified as a mental condition in which a person’s physical gender is different from the one in which they identify.
According to the plaintiff, the exclusion violates the American Disabilities Act because it denies medically necessary care to transgender individuals based on the neurological condition of gender dysphoria. The exclusion also allegedly violates the Equal Protection Clause of the 14th Amendment because it is treating a class of individuals differently based on their gender.
Gender reassignment surgery falls under that medically necessary care, according to the plaintiff.
In addition, the plaintiff alleges the exclusion violates Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination based on race, color, religion, national origin and sex. BCBS dismissed this by arguing the company is not Jay’s employer. This is the only motion USG did not dismiss, however, which the judge noted during the case.
Jay’s case was heard by Judge Clay D. Land in the U.S. District Court for the Middle District of Georgia. The two-hour hearing garnered a small audience of Jay’s friends and other transgender health activists at the Athens division courthouse on Hancock Avenue.
Against the alleged ADA violation, defendants USG and BCBS claimed 11th Amendment immunity, which limits federal court jurisdiction when a state is the defendant, though the interpretation of this amendment varies.
They also argued if there is a rational reason for the health care exclusion, then there is no discrimination. Both defendants said the high cost of the treatment, which includes the gender reassignment surgery and subsequent prescriptions, is a rational reason for the exclusion.
At the end of the case hearing, the judge did not reach a conclusion and gave the plaintiff and defendants until Friday, Feb. 8 to submit supplementary briefing materials based on the hearing. Defendants BCBS and USG also have the option to accept a settlement demand, which Jay said was filed in October 2018. The defendants said in court they are still reviewing this plan.
If the case does not settle, the case will move into discovery and be heard in court again. This means both sides will be asked to exchange all legal information in the hopes of reaching a decision on how to proceed.
“We received a very fair hearing, and I feel confident that if this case is seen until the end, we will prevail,” said Noah Lewis, a Transcend Legal attorney who represented Jay.
Skyler Jay, a University of Georgia employee, talks with supporters who attended his hearing in front of the court house in downtown Athens, Georgia, on Wednesday, Feb. 6, 2019. Jay is suing the university for excluding gender reassignment surgery and treatment in its BlueCross BlueShield of Georgia healthcare plans. The case was heard in federal court and reached no verdict. (Photo/Erin Schilling, [email protected])
Community backing
Lewis said Transcend Legal, a group that focuses on advancing transgender people’s rights and protections, was connected with Jay through Point of Pride, a nonprofit that supports trans adults and youth with gender-affirming programs.
Jay began the lawsuit in part because of the medical debt he has taken on as a result of his surgeries. Through a GoFundMe page and two drag show fundraisers in Athens and Atlanta, Jay raised $8,200 through the community to help fund about half of the procedure and treatment. This amount does not include further complications Jay faced from the surgery, which included a week-long hospital stay, he said.
Between the community and Queer Eye’s Fab Five, Jay said he’s experienced support through this lawsuit as well as his surgeries.
“I’ve had nothing but people saying I’m doing the right thing,” Jay said.
Since appearing on “Queer Eye,” he’s had people reach out to help him financially. He set up another GoFundMe to give the $8,200 back to the community, which he has done through donations to three community LGBT organizations and two of his friend’s top surgeries. He is continuing to raise money for the rest of his debt.
