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Utah Prison System Sued for Disability Discrimination
The Justice Department has filed a lawsuit against the Utah Department of Corrections, alleging that the agency has discriminated against an incarcerated transgender woman on the basis of her disability, gender dysphoria. According to the complaint, the department failed to provide the woman with equal access to health care services after she repeatedly requested hormone therapy.
The Justice Department’s complaint alleges that the Utah Department of Corrections imposed unnecessary barriers to treatment for individuals with gender dysphoria, including the complainant, and unnecessarily delayed her treatment. The complaint also alleges that the department failed to grant the complainant’s requests for reasonable modifications, including permitting her to purchase female clothing and personal items in the commissary, modifying pat search policies and appropriately assessing her housing requests.
The department’s lawsuit is part of its broader efforts to combat discrimination against individuals with gender dysphoria. These include the Civil Rights Division’s recently filed statement of interest clarifying that gender dysphoria can be a covered disability under the Americans with Disabilities Act and explaining that correctional institutions violate the Eighth Amendment when they categorically refuse to provide medically necessary gender-affirming care to incarcerated individuals with gender dysphoria.
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. Assistant Attorney General Kristen Clarke said that people with gender dysphoria are protected by the Americans with Disabilities Act and are entitled to equal access to medical care just like anyone else with a disability.
The Utah Department of Corrections has been given written notice of its findings and an outline of remedial measures necessary to address the alleged violations. The department’s complaint alleges that the woman’s gender dysphoria worsened during her incarceration at the Utah Department of Corrections, and that she performed dangerous self-surgery and removed her own testicles after 22 months in custody.
Gender dysphoria is a serious medical condition marked by clinically significant distress caused by an incongruence between the sex an individual is assigned at birth and their gender identity. Left untreated, individuals with gender dysphoria can experience serious adverse mental health outcomes.
Key Facts
- State: Utah
- Category: Violent Crime
- Source: DOJ Press Release â†â€â€
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