Federal Employees File Class-Action Lawsuit Challenging Trump Administration's Ban on Gender-Affirming Care Coverage

Aug 3, 2026

Five federal employees file a class-action lawsuit, Doe v. Kupor, challenging a Trump administration policy that ended gender-affirming care coverage for government workers in January 2026. Represented by the Human Rights Campaign Foundation, the plaintiffs argue the ban violates Title VII of the Civil Rights Act of 1964. The policy affects an estimated 40,000 transgender individuals, forcing them to pay thousands out of pocket or forgo medically necessary treatments.

Federal employee gender-affirming care ban

▪The U.S. Office of Personnel Management policy allows exceptions only for mental health counseling, including faith-based counseling.
▪A March 2026 letter from the U.S. Office of Personnel Management eliminated a temporary mid-treatment exception for gender-affirming care beginning in 2027.
▪The U.S. Office of Personnel Management implemented a policy at the start of 2026 ending gender-affirming care coverage for adults through federal employee health care programs.
▪The U.S. Office of Personnel Management policy bars coverage for treatments such as hormone therapy, hysterectomies, and facial surgery when used for gender transition.

Class-action lawsuit filing

▪Five anonymous federal employees filed a class-action lawsuit, Doe v. Kupor, in the U.S. District Court for the District of Columbia on August 3, 2026.
▪The lawsuit seeks an injunction to reverse the federal policy, restore coverage for gender-affirming care, and obtain damages on behalf of affected workers.
▪The Human Rights Campaign Foundation and the law firms Correia & Puth and Cohen Milstein Sellers & Toll represent the plaintiffs in the lawsuit.

Title VII sex discrimination claims

▪The lawsuit alleges that the U.S. Office of Personnel Management's coverage ban violates Title VII of the Civil Rights Act of 1964 by discriminating on the basis of sex.
▪The plaintiffs argue that the policy singles out transgender and gender-nonconforming employees for less favorable treatment and fewer benefits than non-transgender counterparts.

Trump administration transgender policy campaign

▪President Donald Trump signed an executive order in January 2025 requiring federal agencies to cease recognizing the concept of gender identity.
▪The Trump administration has sought to restrict interventions for transgender inmates, cut off federal grants, and ban transgender troops from serving in the military.

Historical federal coverage policy changes

▪The Equal Employment Opportunity Commission ruled in 2026 that the Obama-era policy was not discriminatory, citing a 2025 Supreme Court decision.
▪Under a 2015 policy enacted during the Obama administration, federal health insurance plans were permitted to offer less than full coverage for gender-affirming treatment.

Affected federal workers population estimates

▪An analysis from the Williams Institute at the UCLA School of Law estimates that approximately 39,400 to 40,000 transgender people are covered by the affected health insurance plans.
▪The Williams Institute estimates that one-third of the affected individuals are federal workers, one-third are dependents, and the remaining are retirees and their dependents.