Cristina Nichole Iglesias has been denied critical medical care, raped, physically and sexually abused, and even held hostage during her time housed in federal corrections facilities for men. Ms. Iglesias’ victimization is a direct result of the federal Bureau of Prisons’ (BOP) refusal to recognize Ms. Iglesias as the woman she is and to provide her the health care and the security that she desperately needs. A copy of the complaint filed today can be found here.

Though assigned male at birth, Ms. Iglesias has known that she is female from a very young age. The BOP has recognized that Ms. Iglesias is a transgender woman and diagnosed her with gender dysphoria as far back as 1994 but has refused to provide her the basic medical care she needs and refused to move her to a women’s facility choosing instead to incarcerate her with men even in the face of escalating attacks and threats on her life.  

While the federal government has long been aware of the particular vulnerabilities that women who are transgender face in custody, the Trump administration rescinded policy guidance intended to protect transgender prisoners and put in place a rule that makes placement decisions based on a person’s assigned sex at birth. This approach reversed the progress that had been made in finally recognizing the authentic existence of women who are transgender and the risks they face when housing them in men’s facilities.

Correctional experts understand the high likelihood of sexual assault that transgender women face when held in facilities for men, which is why the regulations implementing the Prison Rape Elimination Act (PREA) require prisons – including federal prisons – to make individualized placement decisions that take into account where each transgender person feels they would be safest. This individualized approach has been undermined by the Trump Administration’s change in BOP policy – a change that is only one part of a series of steps designed to roll back protections for LGBTQ people in the United States.  

In a filing this week in federal court for the Southern District of Illinois, Ms. Iglesias ask the court to order the BOP to provide her with essential treatment for gender dysphoria, consistent with well-recognized medical standards, and transfer her to a women’s prison as required by her treatment and to protect her safety.  

“Cristina has endured a nightmare during her time in the BOP,” said John Knight, Director of the LGBTQ & HIV Project for the ACLU of Illinois and one of the lawyers representing Ms. Iglesias. “She was denied basic hormone treatment for many years and is still being denied gender affirming surgery and related treatments. She has been denied transfer to a women’s prison even though keeping her housed with men has resulted in her being subjected to repeated incidents of sexual and physical abuse.” 

“Cristina has experienced severe emotional distress, including thoughts of suicide, as a result of being denied appropriate health care and secure housing. Her circumstances demand change.” 

The level of cruelty and abuse that Cristina has been subjected to are causing her significant harm and remain a threat to her survival. Every day Cristina is subjected to devastating comments from staff and other prisoners who call her a “bearded woman” and also continue to refer to her by male pronouns. Cristina has also been subjected to assaults because she is a transgender woman. Earlier this year, Ms. Iglesias was held hostage by her cell mate who objected to being housed with a transgender woman and would not release her until prison staff used force to make him do so. 

The complaint filed asks that Ms. Iglesias be evaluated by medical personnel qualified in the standards of care for someone with gender dysphoria, provided access to permanent hair removal and gender affirmation surgery and transferred to a women’s prison consistent with her identity.  

“Experts widely recognize that denying someone the health care they need for gender dysphoria causes transgender people serious and lasting harm. Likewise, housing a woman in a male corrections facility is an invitation to violence and harassment,” added Knight.  

“We urge the court to act swiftly to end this nightmare for Cristina.”      

In addition to Mr. Knight, Ms. Iglesias is represented by Taylor Brown of the National ACLU LGBT & HIV Project, and the Chicago office of Winston & Strawn.  

Everyone’s work experience has changed this year because of the ongoing COVID-19 pandemic, but there is one thing that stubbornly refuses to change: discrimination against workers who are pregnant or have recently given birth.

When our client Sarah Spriesch was pregnant, she was involuntarily forced onto a medical leave even though she was willing and able to continue doing her job as a paramedic with the Chicago Fire Department. When she returned to work after giving birth, she was denied breaks and a clean place to pump, causing her pain and humiliation including on one occasion when she leaked through her shirt in front of her colleagues.

Another client – Jennifer Panattoni, an officer in the Frankfort Police Department – was denied a properly fitting uniform and protective gear during her pregnancy. She was eventually forced off the job she loved and required to take leave, limiting the financial resources available to her growing family, when the Department refused to modify her duties for her safety and the safety of her progressing pregnancy. Worse yet, her Department then subjected her to the same mistreatment all over again during her second pregnancy.

Pregnant workers who can safely continue to work should be allowed to do so. One reason our efforts for both Ms. Spriesch and Ms. Panattoni were successful is a state law passed in Illinois in 2014 which guarantees that workers who are pregnant or have recently given birth must be provided reasonable accommodations that enable them to continue doing their jobs. This is a critical protection that ensures pregnant workers in Illinois are not forced to make an untenable choice between safeguarding the health of their pregnancy and maintaining their income for their families.

Sadly, not every state has clear protections like these on the books for pregnant and postpartum workers. And the existing federal law which addresses pregnancy discrimination, the Pregnancy Discrimination Act, has left many important questions unanswered and created uncertainty about when exactly reasonable accommodations for pregnancy are required.

That is why the ACLU and other advocates support the Pregnant Workers Fairness Act (PWFA), a federal bill being debated in Congress that would promote women’s health and economic security across the country by creating explicit obligations for employers to make reasonable accommodations for pregnant and postpartum workers.

The PWFA is expected to be voted on by the U.S. House of Representatives next week. Click here to let your Representative know that you support these legal protections to ensure no pregnant worker has to choose between her health and her livelihood.

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