The BC Human Rights Trial has ordered one BC lab to pay over $32,000 to three of its previous transgender patients for "misgendering" them.According to the tribunal's decision, LifeLabs and its subsidiary, Excelleris Technologies, have been accused of causing "injury to [the three patients'] dignity, feelings, and self-respect," stated Theressa Etmanski, the tribunal member, similar to the judge on the case.All three complainants, Vincent Viezzer, Devan Snow, and Noa Moses, claimed they were "discriminated against" by the lab due to their "gender identity" in 2019.Moses alleged LifeLabs "refused to accept their non-binary gender identity and forced them to select a binary sex as a condition of providing laboratory services.".Moses also claimed the lab "disclosed their non-binary gender identity without their consent (ie, 'outed' them) to other patients by requiring them to have a conversation about their gender in a public space."The tribunal has decided Moses is owed $15,000 in damages.Another complainant, Snow, alleged the lab "misgendered him when they refused to update his gender identity in their records when he sought laboratory services and instead proceeded to use the sex assigned to Snow at birth."Among other things, Snow claimed that the lab "outed him as transgender to other patients in this encounter by not offering him a private space to have a conversation about his gender.".The tribunal has decreed $15,000 is owed in damages to Snow.Viezzer claimed the lab "misgendered him on his lab reports on multiple occasions.""He further alleges that a LifeLabs staff wrote 'FTM' [female to male] on his lab requisition form, which he says is a transphobic slur and outed him as transgender."Further, Viezzer claimed on another occasion, he "was misgendered by Excelleris in lab reports regarding cancer screening results that listed his sex as 'U' (for unknown or unspecified). He says that U is not his sex or gender.".Viezzer said, as a consequence, "he delayed or declined medically necessary cancer screening because he did not want to be misgendered.""He further alleges that on or around January 16, 2020, he was triggered by seeing older lab reports where he was misgendered," stated the decision.Thanks to the tribunal's orders, Viezzer will be paid $2,000 in damages.In response to the complainants, the lab stated it would be "medically irresponsible to accommodate the complainants in the manner sought in this complaint.".In response to the lab's statement, tribunal member Etmanski stated, "Information about a patient’s sex may be medically relevant in the provision of laboratory services.""However, I wish to be clear that there is no evidence before me to support that the standard is medically necessary or justified."Etmanski added that the lab must update its policies and staff training around gender and must have a "private space to discuss or answer questions relating to their sex or gender."
