[This article appears in the January/February 2022 issue of Boston Spirit magazine. Subscribe for free today.]
On October 14, 2021, a complaint was filed before the Maine Human Rights Commission alleging discrimination against “Jane Doe,” 78, a transgender woman. The complaint, filed on behalf of Doe by Boston-based, GLBTQ Legal Advocates and Defenders (GLAD), alleges that Sunrise Assisted Living, LLC, a facility catering to elderly patients, unlawfully refused to house Ms. Doe after learning that she was transgender. This marks the first case of its kind in Maine since the state passed a law prohibiting discrimination on the basis of an individual’s gender identity, transgender status and sex.
It is also the first-known case of its kind in the US, said Bennett Klein, senior attorney and the AIDS Law Project Director at GLAD. Klein is representing Doe alongside GLAD colleagues Mary Bonauto, civil right project director, and Chris Erchull, staff attorney.
“We have known for a long time that trans people face discrimination, but one unaddressed area is the kind of mistreatment that trans people experience in long-term care settings,” Klein says. “The vulnerability of being an older adult is already profound, but an older adult who is trans may also experience additional discord and harassment.”
Access denied
Doe’s story is not an unusual one for an older adult. According to the complaint, on March 29, 2021, Doe was taken from her former assisted living facility to the emergency room at Pen Bay Medical Center due to a serious medical event. Once there, staff at the emergency department determined that she could not return to her previous living situation due to trauma she had experienced there. They initiated the process of finding her a new place to live.
A social worker assisting Ms. Doe with placement spoke to an administrator at Sunrise. The facility indicated that it had room for Ms. Doe. They began the process for transferring over medical records with the expectation that she would be placed in a semi-private room with another female roommate. Things seemed to be moving forward with Sunrise until the social worker revealed to Sunrise that Ms. Doe was transgender.
“After the social worker disclosed that my client was transgender they were informed by the administrator that they couldn’t take her because she was requesting a female roommate in a semi-private room. This is sadly typical of too many long-term care facilities. It is clear that there is not a basic understanding of what it means to be trans,” says Klein.
“This case is concrete proof that while they may not always feel comfortable reporting it, this type of discrimination happens to LGBTQ+ elders everywhere. By telling the story of Jane Doe’s case and educating people about the obstacles trans elders face, hopefully it will encourage places like long-term care facilities to have cultural competency requirements for staff as well as highlight the need for legislation that protects LGBTQ+ older people from discrimination, such as the Equality Act.” says Aaron Tax, Director of Advocacy at SAGE (Services and Advocacy for GLBT Elders).
SAGE reported on a national survey in 2015 which found astounding concern among LGBTQ people entering their senior years. It reported the following:
65% of older transgender respondents felt there would be limited access to care as they aged and over half (55 percent) feared they would be denied medical treatment.
About two-thirds of LGBTQ+ older people have experienced victimization at least three times in their lives.
More than half of LGBT older people report being discriminated against in employment and/or housing.
“It’s been reported that LGBT older people have received inferior, neglectful health care or have been denied health care altogether. Research has shown that repeated experiences of discrimination can lead to long-term negative health outcomes and we’ve certainly seen that impact in elders who come to SAGE for support.” says Tax.
Dignity and Respect
SAGE and GLAD were both founded in 1978 and have worked hard to advocate, defend and preserve the rights of clients like Jane Doe and ensure that future generations can live out their senior years without fear of discrimination.
“SAGE was founded by gerontology students and activists who knew the value of elders within the LGBTQ+ community. These pioneers deserve to age with dignity and respect. Due to a lifetime of discrimination, that is not always the case. That’s why it is crucial that we work in partnership with LGBTQ+ elders in order to help them achieve a high quality of life. This is done through direct services, advocacy, and making sure that people understand the issues facing LGBTQ+ elders,” Tax says.
Although the case is currently being pursued in Maine, there is the potential for a federal case according to Klein.
“The Federal Fair Housing Act and other non-discrimination protections under the Affordable Care Act also prohibits this type of discrimination based on sex. We know of course that it was established by the Supreme Court in Bostock that discrimination on the basis of being transgender is considered sex discrimination. If the matter is not resolved prior to the time the Maine claims are ready for suit, we certainly will be considering those federal claims,” says Klein.
“I think the most significant implication is that this is the first lawsuit brought against any kind of long-term care facility on behalf of a trans person. From our perspective, we hope this case, whether it is resolved or proceeds through the courts, will really send a message to long term care facilities that they will have trans residents and they really need to see this case and use it as a recognition that they have to learn more about treating trans residents with dignity and respect. Hopefully this case will be a wakeup call throughout the country that they need to be ready to welcome trans people.” says Klein.
More: glad.org
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