Eleventh Circuit Ruling Mandating Gender Dysphoria Coverage in Employer Health Plans for Alabama, Florida, and Georgia

• The U.S. Court of Appeals for the Eleventh Circuit, which includes Alabama, Florida, and Georgia, has ruled that an employer’s health plan excluding treatment for gender dysphoria, including gender-affirming surgery, violates Title VII of the federal Civil Rights Act. Title VII’s broad applicability to both private and public employers, requires businesses in these states to revise their health plans to include gender dysphoria coverage. There are some exceptions for small employers.
• Florida has filed an appeal against the decision that blocked state restrictions on gender-affirming care. This appeal seeks to overturn the ruling that the restrictions are unconstitutional and discriminatory against transgender individuals.

• Engage legal counsel and human resources experts to ensure that current health plans adhere to all federal and state regulations.
• Establish a process for ongoing monitoring and compliance with the evolving laws and regulations.

Organizations with religious objections to providing this coverage should consult legal counsel to explore options under the Religious Freedom Restoration Act. Ensure any actions taken are legally sound and documented.