A civil rights organization announced Wednesday that a settlement with the Hennepin County Sheriff’s Office has yielded significant changes toward protecting the rights of transgender people in custody, particularly involving whether they are housed in the men’s or the women’s unit.
In 2023, Gender Justice filed a discrimination claim with the Minnesota Department of Human Rights (MDHR) on behalf of a transgender man who contended being wrongfully moved from the men’s to the women’s unit at the Hennepin County jail.
Although the man had transitioned more than a decade earlier and was initially correctly placed in the men’s unit, a correctional officer later reclassified him based solely on assumptions about his anatomy — asking invasive questions about his genitalia and disregarding his stated preference to be housed with men.
MDHR ultimately found the jail’s actions constituted unlawful discrimination, and the parties agreed to enter conciliation. Through that process, Gender Justice says it reached a financial settlement that also includes significant policy changes designed to comply with state law.
Those changes include:
- Using an inmate’s preferred gender identity as the primary means of determining housing assignment.
- Requiring regular training for jail staff to review inmate classification policies.
- Making good-faith efforts to use the chosen names, pronouns and honorifics (Mr., Mrs., Ms., etc.) of all people in custody.
- Issuing of undergarments consistent with an inmate’s gender identity or gender expression.
“Trans people deserve to be treated with dignity and respect in every setting, including when they’re in custody,” Sara Jane Baldwin, senior staff attorney at Gender Justice, said in a statement issued Wednesday.
“People, not the government, get to say who they are,” Baldwin added. “Failing to honor that is discrimination. I hope other Minnesota counties will take notice of this settlement and ensure that their policies and practices follow the law.”
The county also agreed to pay $99,000 with two-thirds going to the transgender man and the balance to Gender Justice.
