A federal judge in New Hampshire has allowed transgender employee Lillian Bernier’s Title VII discrimination claim against Turbocam, Inc. to proceed toward trial, while granting the company summary judgment on her separate ADA claim. The ruling does not decide that Turbocam discriminated or that Bernier has won: factual questions remain for trial.
What did the judge decide?
In Bernier v. Turbocam, Inc., Civil No. 23-cv-523-LM-AJ, U.S. District Judge Landya McCafferty issued a summary-judgment order on September 28, 2026. Bernier, a transgender woman employed by Turbocam, alleged that the company discriminated against her by refusing health-insurance coverage for gender-affirming care. The court’s order leaves one claim pending:
- Title VII, Count I: The court concluded a factfinder could reasonably determine that denying coverage discriminated against Bernier because of sex. It denied summary judgment to both sides, so the claim remains for trial.
- ADA, Count IV: Turbocam won summary judgment. The court concluded that the ADA provision cited in the order barred Bernier’s claim as presented.
The Title VII claim is the only count remaining for trial.
Did the court find that Turbocam discriminated?
No. A denial of summary judgment is not a verdict on liability. It means the judge found that the Title VII claim could not be resolved for Turbocam at this stage and that factual issues must be decided later. Bernier did not win summary judgment either. The order leaves the ultimate question of whether Turbocam violated Title VII unresolved.
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Why did the religious-liberty arguments not end the Title VII case?
Turbocam argued that the federal Religious Freedom Restoration Act (RFRA) and the First Amendment’s Free Exercise Clause provided defenses to Bernier’s Title VII claim. Judge McCafferty considered those arguments separately and ruled that neither entitled Turbocam to summary judgment in this case.
RFRA
The court held that RFRA did not apply as a defense to this private-party Title VII suit. The order states: “For all of these reasons, the court concludes as a matter of law that RFRA provides no defense to Turbocam against Bernier’s Title VII claim.”
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For the constitutional argument, the court treated Title VII as a neutral law of general applicability. It also noted that Turbocam had not developed an argument that Title VII was unrelated to a legitimate government interest. On that basis, the court concluded Turbocam had not shown that its Free Exercise defense entitled it to summary judgment on Bernier’s claim.
These are the district court’s conclusions in this case, not a universal ruling on every religious employer’s possible defense to a Title VII claim.
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What happens next?
The order directed the parties to submit a new joint proposed scheduling order within 14 days and to consult the court’s case manager about a trial date the court can accommodate. A later trial date, appeal, or further review is not established by the order itself. PinkNews also reported on the ruling on October 2, 2026, in its coverage of the case.
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