Five federal employees are suing U.S. Office of Personnel Management Director Scott Kupor over alleged sex discrimination due to the rollback of coverage for gender-affirming care.
Plaintiffs, backed by the Human Rights Campaign Foundation, filed the lawsuit Aug. 3 in the U.S. District Court for the District of Columbia. The potential class action focuses on OPM’s coverage policy following a January 2025 executive order from President Donald Trump. The order said “sexes are not changeable,” and the country recognizes only male and female sexes.
Prior to the executive order, OPM required carriers to cover gender-affirming care for enrollees and dependents. Following the order, the agency banned insurance coverage of gender-affirming care through the Federal Employee Health Benefits Program and the Postal Service Health Benefits Program, effective in plan year 2026.
The ban encompassed both “chemical and surgical modification of an individual’s sex traits through medical interventions,” including gender transition services, an August 2025 document said. A later update also banned mid-treatment coverage exceptions for plan year 2027.
According to the lawsuit, the treatment exclusion does not apply to nontransgender enrollees and beneficiaries who are seeking similar care for other medical reasons.
“The Carrier Letters single out gender-affirming care, and gender-affirming care alone, for exclusion from FEHB and PSHB coverage,” the lawsuit said.
The lawsuit calls for two classes, one seeking injunctive relief and the other seeking damages. The complaint also requests retroactive coverage.
At least 39,400 transgender people get coverage through FEHB, according to a UCLA School of Law Williams Institute estimate cited by the complaint.
Becker’s contacted OPM and will update this story if more information becomes available.
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