Brigette Honaker  |  March 24, 2020

Category: Covid-19

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A recent lawsuit against the Department of Health & Human Services (HHS) claims LGBTQ individuals are being refused shelter and other services during the coronavirus pandemic.

The lawsuit was filed by three advocacy groups: Family Equality, True Colors United and Services & Advocacy for LGBT Elders (SAGE).

According to these groups, the Trump administration refuses to enforce anti-discrimination measures put in place by the previous Obama administration. As a result, recipients of grants from HHS are allegedly given full rein to discriminate against LGBTQ individuals.

“We are suing the Trump administration because of its cruel effort to make it easier for HHS grant recipients to discriminate against LGBTQ youth, families, and older people, in ways that put their lives at risk,” Class Counsel told Pride Source.

Do you believe the HHS should enforce anti-discrimination laws during the coronavirus outbreak? Get legal help by clicking here.

“At any moment, but especially at a time of a global pandemic, it is callous to expose already vulnerable populations to discrimination, and allow them to be denied basic, critical services.”

Around $500 billion in grants are offered by the HSS for health and welfare services around the country. These grants fund programs designed to help children in foster care, homeless youth, and older individuals.

In November 2019, the HHS reportedly released a notice of non-enforcement stating that they will not enforce anti-discrimination laws in their grant programs.

This reportedly means that discrimination based on age, disability, sex, race, color, national origin, religion, sexual orientation, or gender identity is not prohibited in these programs.

The advocacy groups’ recent lawsuit argues that this failure to enforce anti-discrimination laws can have significant impacts on LGBTQ youth. Young people in these groups are allegedly at a much higher risk of experiencing homelessness.

When LGBTQ youth reveal their sexual orientation or gender identity to their family members, they may face verbal and physical harassment – eventually leading kids to leave home with no support.

The LGBTQ coronavirus lawsuit notes that youth who identify as a part of this community are 120 percent more likely to experience homelessness. This risk allegedly increases even more for trans youth. Since the HHS refuses to enforce discrimination measures, these young people may be turned away from seeking shelter or other welfare services.

“These kinds of harms are exactly what HHS’s nondiscrimination protections were designed to prevent,” the LGBTQ coronavirus lawsuit argues.

“By issuing the Notice of Non-enforcement, HHS has explicitly invited child welfare agencies that receive HHS grant funding to continue to discriminate in these ways.”

Old man looking sadOlder LGBTQ adults reportedly experience similar consequences from the HHS notice of non-enforcement.

Due to continuing discrimination, adult LGBTQ individuals may rely on support and social services provided by HHS-funded services.

This includes nutrition services, chore assistance services, transportation, legal services, and elder abuse prevention services.

“HHS’s Notice of Non-enforcement jeopardizes these already-vulnerable LGBTQ older people by abandoning the only codified non-discrimination protections available to most of them in this context,” the LGBTQ coronavirus lawsuit argues.

“Unlike other grant programs, the Older Americans Act does not include explicit non-discrimination provisions, and most states lack explicit non-discrimination protections for the type of home and community-based services provided under the Act.”

In light of the recent coronavirus outbreak, rampant discrimination can reportedly have significant impacts on older LGBTQ people.

Older individuals are at a higher risk of developing complications due to coronavirus – complications which could lead to death.

According to the LGBTQ coronavirus lawsuit, if adults in this category of people are denied resources based on discrimination from HHS programs, they could end up at a greater risk for contracting the virus as they attempt to compensate for services that are now being denied.

The advocacy groups argue that they have sustained significant damages from this conduct due to the time and effort spent trying to help educate and support the LGBTQ community following the HHS notice of non-enforcement.

As a result, valuable staff time and resources are allegedly diverted away from the organizations’ other ventures including state and federal projects.

The LGBTQ coronavirus lawsuit seeks a declaration that the HHS’ notice of non-enforcement violates the APA, court costs, attorneys’ fees, and other relief. The lawsuit also asks the court to vacate the notice of non-enforcement.

Plaintiffs are represented by Kristen Miller, Robin Thurston, Sean Lev, and Jeffery B. Dubner of Democracy Forward Foundation along with Puneet Cheema and Karen Loewy of Lambda Legal Defense and Education Fund Inc.

The LGBTQ Coronavirus Lawsuit is Family Equality, et al. v. Alex M. Azar II, et al., Case No. 1:20-cv-02403, in the U.S. District Court for the Southern District of New York.

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6 thoughts onHHS Lawsuit Says LGBTQ Denied Care During Coronavirus Pandemic

  1. LESLIE SEATON says:

    Add Please!

  2. Linda Joseph says:

    Add me please l

  3. Christopher Draus says:

    HHS should enforce anti-discrimination laws at all times.

  4. Corona Isheretostay says:

    The Problem with the “Stay at Home Order” It may be Mandatory, However they’re are exceptions such as you can go to: Pharmacy, Bank, Hospital for medical care, Grocery. However if you don’t have a car, then you resort to Uber/Lyft and as a Uber/Lyft driver. You don’t know whether Uber/Lyft is required to be closed or not as it wasn’t specified. Also people with the Corona Virus are being sent home with the virus from the hospital and many Uber/Lyft Drivers are unaware of this which they are putting their lives and the lives of their family members in jeopardy! Since many drivers work strickly for themselves and are not an employee of Uber/Lyft and because of this they can be easily replaced and with no protections such as medical benefits. So if a person has the virus and they get out of the Uber/Lyft car, another customer who sits in the same spot as the one with the virus could pass it on to another customer and so on and so on.

    1. Karin Aubrey says:

      which is what i was trying to tell my primary care doctor when she was insisting that i come to her office last Friday for a blood draw on something to get a thyroid medication refill that i have been taking without issue for 6 frigging years. I am in HIGH risk category with MS, on a biologic, on steroids, have COPD in upper age bracket and had pneumonia last month and she wanted me to “catch an Uber” to her office.. NO WAY IN HELL.. no offense guys but my guess is you ar3e not sanitizing your cars after each and every rider.. we have 7000 cases in this state. not risking it

  5. Benjamen L Chappelow says:

    Please add me to this and/or keep me informed

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