Vroegh v. Iowa Department of Corrections
What's at Stake
The American Civil Liberties Union of Iowa filed a complaint with the Iowa Civil Rights Commission against The Iowa Department of Corrections for denying a nurse at the facility use of the restrooms and locker rooms that align with his gender identity and necessary medical treatment because he is transgender. The complaint was co-filed with the ACLU and cooperating attorney Melissa Hasso with the Sherinian & Hasso Law Firm in West Des Moines.
Summary
The complaint was filed on behalf of Jesse Vroegh, a staff nurse at the Iowa Correctional Institution for Women (ICIW) for the past seven years who is transgender. After beginning medical treatment for gender dysphoria and consistently using male facilities in public places, Vroegh approached his supervisors to let them know that he is male and would transition to presenting as male and begin using male facilities at work.
Vroegh’s supervisors said that rather than using the men’s locker rooms and restrooms, he would be required to use a unisex private restroom to dress and store his belongings, isolating him from all of his co-employees. The unisex restroom doesn’t have a shower, so unlike his co-workers, Vroegh has no option for showering at work.
In addition, the state employee health care plan has denied Jesse health care coverage for medically necessary surgery because he is transgender, even though it provides coverage for similar procedures for non-transgender employees.
“In this country and in Iowa, everyone should be treated fairly in the workplace — especially when your employer is the state,” says Vroegh. “Rather than setting a good example for other Iowa employers, the state has denied me the use of gendered spaces as well as the health insurance coverage I need, simply because I am transgender. I hope my fight for fairness in the workplace will make a difference for the many other transgender people who have faced similar discrimination at work.”
In 2019, a Polk County jury concluded that the state discriminated against Jesse by denying him use of the men’s room at work and by denying him insurance coverage for medically necessary surgery, and awarded him $120,000 in damages.
Update: The Iowa Supreme Court affirmed the jury verdict in 2022 and the case is over.
Legal Documents
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04/01/2022
Opinion -
08/18/2021
Wellmark Amended Final Brief -
05/05/2021
Appellee/Cross-Appellant Final Brief -
04/28/2021
State Appellants' Final Brief and Argument -
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05/05/2021
Appellee/Cross-Appellant Final Reply Brief
Vroegh v. Iowa Department of CorrectionsLegal DocumentsAppellee/Cross-Appellant Final Reply BriefAppellee/Cross-Appellant Final Reply BriefDate Filed: 05/05/2021
Court: Iowa Supreme Court
Affiliate: Iowa
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05/05/2021
Date Filed: 04/01/2022
Court: Iowa Supreme Court
Affiliate: Iowa
Date Filed: 08/18/2021
Court: Iowa Supreme Court
Affiliate: Iowa
Date Filed: 05/05/2021
Court: Iowa Supreme Court
Affiliate: Iowa
Date Filed: 04/28/2021
Court: Iowa Supreme Court
Affiliate: Iowa
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03/04/2020
Ruling on Defendants' Motion for New Trial -
01/22/2019
State Defendants' Trial Brief -
01/22/2019
Plaintiff's Trial Brief -
12/12/2017
Order re Motions to Dismiss -
12/12/2017
Amended Petition -
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01/24/2018
Wellmark's Answer and Affirmative Defenses to Amended Petition
Vroegh v. Iowa Department of CorrectionsLegal DocumentsWellmark's Answer and Affirmative Defenses to Amended PetitionDate Filed: 01/24/2018
Court: District Court of Iowa
Affiliate: Iowa
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01/24/2018
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10/27/2017
Wellmark Motion to Dismiss -
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10/27/2017
Brief in Support of Motion to Dismiss -
11/16/2017
Plaintiff's Resistance to Wellmark's Motion to Dismiss -
12/01/2017
Wellmark's Reply In Support of Motion to Dismiss
Vroegh v. Iowa Department of CorrectionsLegal DocumentsBrief in Support of Motion to DismissDate Filed: 10/27/2017
Court: District Court of Iowa
Affiliate: Iowa
Vroegh v. Iowa Department of CorrectionsLegal DocumentsPlaintiff's Resistance to Wellmark's Motion to DismissDate Filed: 11/16/2017
Court: District Court of Iowa
Affiliate: Iowa
Vroegh v. Iowa Department of CorrectionsLegal DocumentsWellmark's Reply In Support of Motion to DismissDate Filed: 12/01/2017
Court: District Court of Iowa
Affiliate: Iowa
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10/27/2017
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09/21/2017
State Defendants' Motion to Dismiss -
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10/05/2017
Plaintiff's Resistance to Motion to Dismiss -
10/09/2017
State's Reply to Plaintiff's Resistance to Motion to Dismiss
Vroegh v. Iowa Department of CorrectionsLegal DocumentsPlaintiff's Resistance to Motion to DismissDate Filed: 10/05/2017
Court: District Court of Iowa
Affiliate: Iowa
Vroegh v. Iowa Department of CorrectionsLegal DocumentsState's Reply to Plaintiff's Resistance to Motion to DismissDate Filed: 10/09/2017
Court: District Court of Iowa
Affiliate: Iowa
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10/05/2017
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08/28/2017
Petition -
07/21/2016
Complaint
Date Filed: 03/04/2020
Court: District Court of Iowa
Affiliate: Iowa
Date Filed: 01/22/2019
Court: District Court of Iowa
Affiliate: Iowa
Date Filed: 01/22/2019
Court: District Court of Iowa
Affiliate: Iowa
Date Filed: 12/12/2017
Court: District Court of Iowa
Affiliate: Iowa
Date Filed: 12/12/2017
Court: District Court of Iowa
Affiliate: Iowa
Date Filed: 10/27/2017
Court: District Court of Iowa
Affiliate: Iowa
Date Filed: 09/21/2017
Court: District Court of Iowa
Affiliate: Iowa
Date Filed: 08/28/2017
Court: District Court of Iowa
Affiliate: Iowa
Date Filed: 07/21/2016
Court: District Court of Iowa
Affiliate: Iowa
Press Releases
Iowa Jury Awards $120,000 to Transgender State Employee in Discrimination Case
ACLU of Iowa Files Civil Rights Complaint on Behalf of Transgender Corrections Employee