Judge: O-care enables transgenders to sue for discrimination if nurses whisper about them

Judge: O-care enables transgenders to sue for discrimination if nurses whisper about them

[Ed. – Or something.  We report, you decide.]

Nelson said transgender people have a right to sue if they believe they have faced discrimination.

There is no mention of “gender identity” in the section [of the Affordable Care Act], but Nelson ruled in favor of a woman who told doctors at the Fairview Southdale Hospital in Minnesota that she was a man despite the sex listed on her driver’s license and who sued the hospital claiming she was mistreated by doctors and staff.

“Plaintiff’s allegations are not based solely upon information and belief,” Nelson wrote in the 63-page ruling against the hospital, which sought to have the lawsuit thrown out.

“Rather, Plaintiff’s allegations of discriminatory animus are based on the totality of the circumstances surrounding each interaction he had with Fairview employees,” Nelson wrote, using the male pronoun.

“For instance, the Court finds it plausible that the intake clerk was in fact whispering about Plaintiff’s gender with another person, based on the fact that Plaintiff alleges that the whispering took place right after the clerk had a conversation with Plaintiff about his gender on file,” she wrote.

“Therefore, Plaintiff plausibly ‘believed’ the whispering was motivated by discriminatory animus,” Nelson wrote.

“In addition, Rumble may have had the ‘impression’ that some of the nurses were hostile towards him because of his gender identity, based on a reasonable expectation that nurses would usually not avoid speaking to patients when caring for them.” Nelson wrote. “Thus, in sum, Plaintiff’s allegations of discriminatory animus are based on more than pure speculation.”

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