Chicago transgender man Morgan Mesi, 34, filed a federal lawsuit on December 14 alleging that the health care plan that is jointly run by his previous employers and coalition denied him access to critical and medically important care that was also gender-affirming.
Caryn Lederer, Tory Tilton, and Charlie Wysong of Hughes Socol Piers Resnick and Dym, Ltd. are Mesi’s lawyers.
Wine &, Wine Income Associates, Warehousemen, Clerical, Distillery, Rectifying, Tire, Plastic, and Allied Workers ‘ Union, Local No. As co-defendants, Regional 3 Booze and Allied Workers Income Division Health and Welfare Fund and directors of the Fund.
It claims that by depriving him of this gender-affirming care, in addition to his experiencing suicidal ideation and him having to pay thousands of dollars out of pocket for his major surgery ( which he received at Northwestern Hospital in 2019 ) after repeated protestations by the named co-defendants, they violated Title VII of the national Civil Rights Act of 1964, the fed Americans with Disabilities Act, and the ill human rights act.
Mesi described being devastated and in great stress when he learned that his major surgeries, which, like other gender-affirming procedure for trans people, has been common medical treatment for many years, was not covered by his health plan in a press release outlining the lawsuit.
Mesi added that this operation was a matter of life or death for him because he had been having suicidal thoughts. The press release also mentioned that Mesi’s medical professionals provided ample evidence to support his claim that this procedure was absolutely necessary for his life.
According to the lawsuit, Mesi filed appropriate and timely discrimination complaints with the Illinois Department of Human Rights ( IDHR ) and the Equal Employment Opportunity Commission ( EEOC). After conducting a thorough investigation, the EEOC came to the conclusion that the named co-defendants likely broke the law “based on [ Mesi’s ] sex, gender identity, and disability,” and that they “maintained an existing health insurance policy that, at least as of October 2016, excluded and refused to pay for medical treatments based solely on these factors, such as gender-affirming surgery and hormone therapy, in violation of Title VII and ADA.”
Since the co-defendants refused to follow their decision and Mesi had already used up all of his managerial remedies, the EEOC gave him the go-ahead to record this timely lawsuit.
Mesi stated that “access to gender-affirming health maintenance is lifesaving” during a press event on December 14 with Lederer. It is the reason I am in front of you now. It kept me alive. However, the plaintiffs in this petition violated my right to self-control by denying me access to this vital medical attention. It should n’t be up to a board of trustees who have never met me to decide whether my gender-affirming health care is medically necessary. I and my specialists may make that choice.
In the same press conference, Lederer added that” when Morgan’s employer/union plan denied the surgery, they told him it was because the procedure was” cosmetic,” or “elective.” Let me explain how Morgan’s health care plan defined those conditions. It stated that those actions were” for appearance-only or for simply superficial motives.”
Because it was medically important, Morgan and his treating medical professionals sent letters requesting that the neglect be overturned. The fact that the procedure was no superficial was made abundantly clear in these words. that it was required to treat Morgan’s determined gender dysphoria and acute and chronic distress.
Mesi began working for Tenzing/Breakthru in 2015, according to the problem, and began the process of seeking gender-affirming health treatment in November 2016 with trips to a doctor. Mesi then started his estrogen treatments at the end of 2017 and scheduled a consultation to learn more about best surgery. A” Plan Exclusion Notice” denied him this procedure because it was deemed” cosmetic” after he submitted evidence to his health care plan in order to have his best surgeries in 2018. Later, he discovered from a consultant at his insurance company that the coalition, not the other way around, was ordering them to refuse the surgery.
Mesi appealed this ruling and stated in a letter from the union’s trustees that his plan only covered mastectomies ( top surgery ) for cancer patients or those who had cancer in their ancestry or another similar condition.
Additionally, according to the lawsuit, his plan covered his doctor’s visits for gender dysphoria up until he asked for major operation. At that point, his plan for all of his gender-affirming wellness treatment was rejected.
We absolutely deny any claim that Tenzing or Breakthru discriminated against this associate in any way in an email to Windy City Times. We do not, however, discuss the specifics of pending dispute. Breakthru has a very effective DE&, and I’m committed to supporting our partners ‘ capacity to live and work authentically.
The decision by Morgan’s employers and union, according to Lederer in an email to this publication, “would n’t cover gender affirming care, regardless of the medical evidence provided or what doctors directed, our lawsuit alleges.” That kind of binary cover denial is unlawful and discriminatory.
Mesi wrote in an email to Windy City Times,” There is always a way forward, even when things seem unattainable.” ” I’m appreciative of my friends, family, and neighborhood.” Without their love and support, I may not be able to accomplish this. I’m hoping that by filing this petition, the world will be able to see us the means we see ourselves.
Local 3 Booze and Allied Workers Union did not respond to questions about this petition from Windy City Times at the time of release.
