Justice Department Files Statement of Interest in New Hampshire Case Shielding Small Businesses from Being Forced to Provide Medical Coverage for Gender Dysphoria

Today, the Justice Department filed a Statement of Interest in Bernier v. Turbocam et al. (D.N.H.), informing the court that the Civil Rights Act and the Americans with Disabilities Act do not require employers to provide insurance coverage for gender dysphoria, and that the Religious Freedom Restoration Act protects businesses and individuals from forced coverage when it would violate their religious beliefs. Small businesses and people of faith should not be required to pay for insurance plans to employees covering cosmetic procedures and services that are not required to treat a disability under the law.

“This Civil Rights Division will consistently protect religious liberty for all Americans, including small business owners who should not be required to pay for claimed gender dysphoria,” said Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division. “The Religious Freedom Restoration Act protects sincere religious beliefs, and neither the ADA nor the Civil Rights Act requires American businesses to pay for such elective procedures.”

“In matters like this, our responsibility is to ensure that federal statutes and regulations are applied faithfully and consistently,” said U.S. Attorney Erin Creegan for the District of New Hampshire. “We will continue to uphold the rule of law and work to provide clarity on how these laws operate so that individuals and businesses can rely on them with confidence.”

In Bernier v. Turbocam, et al. (D. N.H.) (1:23-cv-00523), a male plaintiff sued his employer, a closely held, private small business, alleging that the Americans with Disabilities Act and the Civil Rights Act require Turbocam Inc. to provide insurance plans to cover his elective treatment. The Department of Justice maintains an interest in proper interpretation of the Religious Freedom Restoration Act, and the Civil Rights Division within the Department enforces provisions within the Americans with Disabilities Act and the Civil Rights Act.

The Civil Rights Division enforces Title VII of the Civil Rights Act of 1964, as well as Titles II and III of the Americans with Disabilities Act. If you are a business owner, employer, or religious individual and feel you have been wrongfully sued or improperly required to pay for gender dysphoria or transgender surgeries or other procedures, please contact the Civil Rights Division by telephone at 1-800-253-3931, or submit a complaint through civilrights.justice.gov.