Judge blocks Christian-owned firm’s bid to dismiss trans worker discrimination case
Person holds transgender Pride flag (Envato)
A US federal judge has ruled that a Christian-owned New Hampshire manufacturer cannot use a religious exemption argument to dismiss a transgender employee’s discrimination lawsuit, allowing the case to proceed to a jury trial.
On 28 September, US District Judge Landya McCafferty denied Turbocam International’s bid to throw out machinist Lillian Bernier’s claims under the Religious Freedom Restoration Act and the First Amendment’s Free Exercise Clause.
Turbocam is a Christian-owned business with a mission statement reading: “TURBOCAM exists as a business for the purpose of honouring God, creating wealth for its employees, and supporting Christian service to God and people… As we interact with our customers, suppliers, and employees, we hold ourselves accountable to God’s law expressed in the Bible. We are committed to integrity in our business and personal relationships.”
Bernier’s allegations are set out in the lawsuit complaint, which says the company violated Title VII, state anti-discrimination law, the Affordable Care Act, and federal and state disability laws.
Why did the judge refuse to dismiss the case?
In her ruling, McCafferty said there was evidence a jury could weigh about how Bernier was treated at work, including in testimony from the company’s founder, Marian B. Noronha.
“Throughout his deposition, Noronha repeatedly referred to Bernier using male pronouns. When Bernier’s attorneys informed Noronha that Bernier uses female pronouns and requests that others address (Bernier) accordingly, Noronha refused to honour Bernier’s request and continued to refer to Bernier as ‘him,’” McCafferty wrote.
She also wrote: “Further, there is evidence from which a jury could find that Turbocam’s owner harboured personal animus toward Bernier because of [Bernier’s] transgender status.”
McCafferty also rejected Bernier’s request for a summary, non-jury trial and judgment based on what she argued were uncontested facts.
What is Bernier alleging about healthcare coverage?
Bernier began working for Turbocam in June 2019 and began transitioning in October 2020. Her doctor and mental health counsellor diagnosed her with gender dysphoria, and she legally changed her name in February 2021.
A month before that name change, the NH Journal reported that Turbocam switched from a health insurance plan that covered gender-affirming healthcare to a self-funded plan excluding treatment for gender dysphoria, including counselling, hormone therapy, and surgery. The NH Journal also reported that the plan allowed individual exceptions, but the company declined to grant them for Bernier’s needs.
McCafferty did dismiss one part of the case, throwing out Bernier’s claim that the denial of coverage violated the Americans with Disabilities Act under the theory presented. In the ruling, she wrote: “The court is not persuaded.”
In a 2023 GLAD statement, Bernier said: “I’m proud of my work as a machinist at Turbocam. Like everyone else, I rely on the pay and health care coverage from my job to support myself and my family. Even though I pay into the employee health plan like everyone else, I have had to pay out of pocket for my health care in addition to that, which is a stress on me and my family. I’m just asking for fair coverage and to be treated the same as my coworkers.”
Bernier is represented by GLAD. GLAD senior director of litigation Ben Klein said: “Turbocam, Harvard Pilgrim, and HPI are denying Lillian equal employment benefits because she is a transgender woman. That’s wrong and it violates the law.”
The case has been running for years. In 2023, Bernier was fighting back against the denial of HRT, counselling and gender-affirming surgeries as her legal challenge against Turbocam moved through the courts.
