LifeLabs ordered to pay $32K for misgendering trans and non-binary patients

By Dr Helen WebberleyResponding to CBC9 November 20265 min read

British Columbia's Human Rights Tribunal has ordered LifeLabs to pay $32,000 to three trans and non-binary patients after staff misgendered and outed them in public waiting areas. The ruling establishes that respectful, private care is a legal right, not a courtesy, and requires LifeLabs to train staff and create private spaces for gender discussions within the year.

LifeLabs ordered to pay $32K for misgendering trans and non-binary patients

Photo by Tasha Kostyuk on Unsplash

British Columbia's Human Rights Tribunal has ordered LifeLabs and its subsidiary Excelleris Technologies to pay $32,000 to three transgender and non-binary patients for injury to their dignity after staff misgendered and outed them at service centres in Vancouver and Burnaby. The ruling also requires LifeLabs to provide private spaces for gender discussions and to train all B.C. staff on trans and non-binary patients' privacy rights.

What actually happened in that waiting room

The details of this matter. Noa Moses arrived at a LifeLabs location in Vancouver in October 2019 carrying a lab requisition form their doctor had filled out. The sex field was left blank, which was accurate. It was left blank because Noa is non-binary.

What followed was not a brief, awkward exchange. Staff asked Noa whether they were male or female, in front of a waiting area full of other patients. Noa said neither. The staff repeated the question. Noa said neither again. This happened, by Noa's account, ten to fifteen times. At one point, a staff member announced they were going to phone Noa's doctor to find out which gender marker to use. When the doctor couldn't be reached, Noa was told: choose a binary marker or we won't draw your blood.

Eventually, a staff member walked over holding a piece of paper with "M" and "F" written on it and asked Noa to point to one. Noa, exhausted and upset, pointed to a letter. Tribunal member Theressa Etmanski recorded that Noa described feeling like a child being chastised.

I find that description heartbreaking, and I find it completely recognisable. That is exactly what it feels like when a system refuses to see you: not like confusion, not like bureaucratic friction, but like a reprimand. Like you have done something wrong by existing outside the boxes.

Devan Snow and Vincent Viezzer

Noa's experience was not an isolated incident. Devan Snow went to a LifeLabs centre in Burnaby, also in October 2019, wanting to update his gender identity in their system. LifeLabs would not allow it. Staff used the sex assigned to him at birth instead, and the conversation about why happened at the counter, in front of a full waiting room. Devan described feeling othered, unimportant, and embarrassed because the whole room could hear.

Vincent Viezzer's experience was different in character but landed just as hard. His gender marker was already recorded as male. Despite that, when he looked at his form, staff had added the letters "FTM." He understood immediately what they meant. His reaction was physical: he scribbled out the letters with a black marker and left without having his blood drawn.

Etmanski acknowledged that the initials might not seem egregious to everyone, but was clear that there is no requirement for something to be universally offensive for it to cause discriminatory harm. She was also direct about something that sometimes gets lost in these conversations: publicly disclosing that someone is transgender or non-binary can place them at risk of harm. This is not an abstract concern.

What the tribunal decided

Etmanski awarded $15,000 each to Noa and Devan, and $2,000 to Vincent. LifeLabs must also pay nearly $3,000 in lost wages and over $11,000 for an expert report. Beyond the financial awards, the orders are significant: LifeLabs must correct the misgendering of Noa and Devan in its records, ensure trans and non-binary patients have access to a private space to discuss their sex or gender within six months, and develop and deliver training on trans and non-binary patients' privacy considerations to all staff and management in British Columbia within a year.

That last part is what gives this ruling real weight beyond the individuals involved. Awards for injury to dignity send a message. Structural remedies change how an organisation operates.

Respectful care is not a courtesy

What I keep coming back to is how routine this should all be. A person brings a form to a lab. They need a blood test. The form does not have a binary sex marker. The correct response, the humane, professional, legally required response, is to find a way to help them without subjecting them to an interrogation in front of strangers.

Trans and non-binary people interact with medical services all the time, for the same ordinary reasons everyone else does. Routine blood tests. Check-ups. Referrals. And in those ordinary moments, the same thing keeps happening: a system that was not designed with them in mind treats their existence as a problem to be resolved rather than a person to be helped.

What Noa described, the exhaustion of repeating yourself ten to fifteen times, then finally capitulating just to get out of the room, is not a one-off. It is a pattern that trans and non-binary people know intimately. The difference here is that it was documented, challenged, and adjudicated. Most of the time, people just go home.

This ruling says that is not acceptable. It says that dignity in a healthcare setting is not something a provider can withdraw as leverage. It says that outing a patient in a waiting room is discriminatory, that withholding care to coerce compliance is discriminatory, and that all of this causes real, compensable harm.

I hope every healthcare administrator in Canada reads it. And I hope the people who brought these complaints know how much their persistence matters. These cases take years. They are emotionally costly. And they change things.

If there is a news story you would like me to cover then just let Sammy know.

Dr Helen Webberley is a Gender Specialist, Medical Educator, and advocate. She is the founder of GenderGP and writes about gender diversity, trans healthcare, and the lives of trans people and their families.

In response toLifeLabs in B.C. ordered to pay $32K for misgendering transgender, non-binary patients: Human Rights TribunalCBC

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