Nursing home settles historic transgender discrimination complaintNursing home settles historic transgender discrimination complaint
LONDON: A court ruling will force every care provider to readdress its transgender policy, training, and tolerances.
In a landmark settlement, a Maine assisted living facility has agreed to establish policies and procedures to ensure it is a welcoming place for LGBTQ seniors, after a 79-year-old transgender woman levied an accusation of discrimination.
When Marie King filed her complaint with the Maine Human Rights Commission in October, alleging that the Sunrise Assisted Living facility in the town of Jonesport refused her admission as a resident because she is transgender, it was believed to be the first complaint of this kind in U.S. history.
The settlement does not set a binding legal precedent. But legal experts nevertheless expect it to raise awareness that nursing homes and other assisted living facilities must abide by various state and federal laws barring them from discriminating against transgender people. The settlement also provides a roadmap for how such facilities can better serve the needs of LGBTQ seniors.
This development comes as more openly transgender adults are expected to enter their senior years — demographic growth in line with the overall increase in people older than 65, according to the Williams Institute. Research indicates that trans seniors are more likely than the general older population to need housing in assisted living facilities, in part because they are more prone to be alienated from family members, be in poorer health and live on lower incomes.
At a video conference meeting based in Augusta on Monday, the Maine Human Rights Commission approved the terms of the settlement negotiated by the commission, the Boston-based GLBTQ Legal Advocates & Defenders (GLAD) and the Adult Family Care Homes of Maine, which runs nine assisted living facilities in the state, including Sunrise.
“I’m thrilled to see this positive outcome,” King said in a statement issued through her attorneys at GLAD. “I believe the new policies will keep others from experiencing mistreatment and will help people understand that transgender people are only seeking to be treated with dignity and respect like anyone else.”
Adult Family Care Homes of Maine did not admit guilt as a part of the settlement and continues to deny having discriminated against King. It has pledged to adopt a comprehensive policy barring discrimination against transgender people. The company will also require all of its staff attend a training, conducted by SAGECare, an LGBTQ+ cultural competency program run by SAGE, on serving this population. The nonprofit organization focuses on improving the lives of LGBTQ+ seniors.
Chris Erchull, a staff attorney at GLAD, said that many staffers of such facilities lack the education and awareness pertaining to transgender adults and their needs, and are unsure how to comply with the law.
“This is a groundbreaking case because it spells out for people what the minimum requirements of the law are and how to make sure that they comply with it,” Erchull said.
“By no means do I think this is an isolated incident,” Karen L. Loewy, senior counsel at Lambda Legal, said of King’s case.
The Williams Institute, a think tank at the UCLA School of Law, estimates there are at least 771,000 LGBTQ adults over 65 in the United States, including 171,100 transgender seniors.
