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Lange v. Houston Cnty.

Lange v. Houston Cnty.

United States District Court for the Middle District of Georgia, Macon Division

June 2, 2022, Decided; June 2, 2022, Filed

CIVIL ACTION NO. 5:19-cv-392 (MTT)

Opinion

ORDER

Plaintiff Anna Lange—a [*2]  transgender woman and sworn deputy with the Houston County Sheriff's Office—brings this action against her employer Defendant Sheriff Cullen Talton in his official capacity and Defendant Houston County, Georgia. Doc. 56. The County's health insurance plan, which Sheriff Talton elected to provide to his employees, excludes coverage for "sex change" surgery, which Lange contends violates Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; the Equal Protection Clause of the United States Constitution; and Title I of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. Id. Sheriff Talton, the County, and Lange have moved for summary judgment on all claims. Docs. 136; 137; 140. For the following reasons, the parties' motions are GRANTED in part and DENIED in part. Lange is entitled to partial summary judgment on her Title VII claim against both Sheriff Talton and the County. Lange's equal protection claim shall proceed against the County, and to the extent that Lange seeks prospective relief against Sheriff Talton under the Equal Protection Clause, that claim too shall proceed. Lange's ADA claim fails on the merits because she has not come forward with sufficient admissible evidence that her gender dysphoria is the result of a physical impairment.

I. BACKGROUND

A. Lange's Employment with the Houston County Sheriff's Office

Unless noted, the parties agree the following facts are [*3]  undisputed.

1. Lange's Gender Dysphoria and Gender Transition

Lange is a twenty-five-year law enforcement veteran, the past fifteen of which have been with the Houston County Sheriff's Office. Docs. 179-3 ¶ 28; 195 ¶ 28. By all accounts, Lange is an exceptional employee who "has performed her duties as an investigator very well" throughout her tenure as a sheriff's deputy. Id. Lange is also a transgender woman, meaning that although she was assigned a male sex at birth, her internal knowledge of herself has always been that she is female. Docs. 179-3 ¶ 29; 195 ¶ 29. In medical parlance, this condition is called gender dysphoria. Docs. 179-3 ¶ 3; 195 ¶ 3. Left untreated, gender dysphoria can lead to clinically significant personal suffering and comorbidities, including anxiety, depression, self-harm, and suicidality. Docs. 179-3 ¶ 6; 195 ¶ 6.

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2022 U.S. Dist. LEXIS 98874 *; 2022 WL 1812306

ANNA LANGE, Plaintiff, v. HOUSTON COUNTY, GEORGIA, et al., Defendants.

Prior History: Lange v. Houston Cty., 499 F. Supp. 3d 1258, 2020 U.S. Dist. LEXIS 202246, 2020 WL 6372702 (M.D. Ga., Oct. 30, 2020)

CORE TERMS

gender, Sheriff, transgender, sex, dysphoria, surgery, employees, disorders, health insurance plan, medically necessary, coverage, summary judgment, discriminates, violates, defendants', undisputed, female, physical impairment, benefits, arm, diagnosis, facially discriminatory, equal protection claim, moving party, contends, hormone, argues, woman, discriminatory, transition

Civil Procedure, Judgments, Summary Judgment, Burdens of Proof, Entitlement as Matter of Law, Entitlement as Matter of Law, Genuine Disputes, Burdens of Proof, Movant Persuasion & Proof, Legal Entitlement, Appropriateness, Evidence, Inferences & Presumptions, Inferences, Supporting Materials, Affidavits, Nonmovant Persuasion & Proof, Motions for Summary Judgment, Cross Motions, Business & Corporate Compliance, Disability Discrimination, Scope & Definitions, Covered Entities, Business & Corporate Law, Establishment, Elements, Application of Agency Law Principles, Title VII Discrimination, Employers, Protection of Disabled Persons, Americans With Disabilities Act, Enforcement Actions, Governments, Local Governments, Claims By & Against, Employees & Officials, Workers' Compensation & SSDI, Administrative Proceedings, Claims, Filing Requirements, Civil Rights Law, Color of State Law, State Agents, Federal & State Interrelationships, State Sovereign Immunity, State Immunity, Education Law, Remedies, Labor & Employment Law, Remedies, Damages, Compensatory Damages, Protection of Rights, Immunity From Liability, State Consent & Waiver of Immunity, Defenses, Sovereign Immunity, State & Territorial Governments, Section 1983 Actions, Scope, Due Process in State Proceedings, Constitutional Law, Equal Protection, Nature & Scope of Protection, Gender & Sex, Gender & Sex Discrimination, Gender Stereotypes, Courts, Judicial Precedent, Discrimination, Disparate Impact, Scope & Definitions, Evidence, Statistical Evidence, Harassment, Sexual Harassment, Civil Enforcement Actions, Religious Discrimination, Covered Employees & Employers, Sexual Orientation, Disparate Treatment, Bona Fide Occupational Qualifications, Actionable Discrimination, Federally Assisted Programs, Civil Rights Act of 1964, Legislative Intent, Scope, Legislation, Interpretation