EEOC Rules in Favor of FEHB Eliminating Coverage for Gender Transition Services

On March 24, the Equal Employment Opportunity Commission (EEOC) affirmed the Office of Personnel Management’s (OPM) decisions that the Federal Employee Health Benefits (FEHB) Program can remove gender-affirming care from coverage for its enrollees. The EEOC’s decision rejected claims of sex-based and disability discrimination brought by federal workers, ruling that the FEHB’s policy did not violate Title VII of the 1964 Civil Rights Act or the Rehabilitation Act of 1973. The FEHB Program provides health insurance for over 9 million federal employees, retirees, former employees, family members, and former spouses.