SALT LAKE CITY — The Utah Department of Corrections discriminated against a transgender inmate by violating the Americans with Disabilities Act, the U.S. Department of Justice ruled.
The ruling was announced Tuesday, saying Utah officials discriminated against the inmate, who identifies as female but was assigned male at birth, based on gender dysphoria.
According to the Department of Justice, the Utah prison system "imposed unnecessary barriers to treatment for gender dysphoria that were not required for other health conditions, and unnecessarily delayed the complainant’s treatment."
When treatment was finally provided, the Utah Department of Corrections (UDOC) "failed to take basic steps to ensure that the treatment was provided safely and effectively."
"We have been working to address this complex issue, and were blindsided by today’s public announcement from the Department of Justice," said UDOC Executive Director Brian Redd. "We have also taken steps on our own, and as a state, to address the needs of inmates while maintaining the highest safety standards.
"We fundamentally disagree with the DOJ on key issues, and are disappointed with their approach."
Gender dysphoria is a condition marked by distress over the sex an individual was assigned at birth and how they identify.
The Department of Justice also ruled that the UDOC "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 individually assessing her housing requests to avoid discrimination on the basis of gender dysphoria."
Due to the inaction of UDOC, the inmate's gender dysphoria was said to worsen.
The ruling recommends the Utah Department of Corrections should "adopt, revise, and implement relevant policies, practices, and procedures to ensure UDOC provides individuals with gender dysphoria an equal opportunity to participate in and benefit from UDOC services, programs, and activities." It also suggests that the UDC train employees on Title II of the Americans with Disabilities Act and pay compensatory damages to the complainant.
