The Justice Department filed a complaint today against the State of Utah, including the Utah Department of Corrections (UDOC), alleging ADA violations for discriminating against a detained transgender woman based on her gender dysphoria.
The department’s complaint alleges that UDOC failed to provide the complainant equal access to health care services after she repeatedly requested hormone therapy and also failed to make reasonable modifications to its policies and practices to treat her gender dysphoria.
“People with gender dysphoria, including those held in jails and prisons, are protected by the Americans with Disabilities Act and are entitled to equal access to medical care just like anyone else with a disability,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
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“Delays or refusals to provide medical treatment for people with gender dysphoria can cause irreparable harm, including debilitating distress, depression, attempts at self-treatment, and even death by suicide. The Civil Rights Division is committed to protecting the rights of all people with disabilities in our country, including those who experience gender dysphoria – and those rights are not given up at the jailhouse door,” said Clarke.
According to the department’s complaint, UDOC imposes unreasonable impediments to treatment for jailed individuals with gender dysphoria that are not required for other health issues, and the complainant’s treatment has been delayed unduly.
The complaint also claims that UDOC denied the complainant’s requests for reasonable modifications, such as allowing her to buy female clothing and personal items in the commissary, changing pat search policies, and properly assessing her housing requests to avoid gender dysphoria discrimination.
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According to the complaint, the prisoner amputated her own testicles twenty-two months after entering the jail.
The Civil Rights Division’s Disability Rights Section is handling this matter in collaboration with the U.S. Attorney’s Office for the District of Utah.
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