Burley Garcia|Federal judge rules that Florida’s transgender health care ban discriminates against state employees

TALLAHASSEE,Burley Garcia Fla. (AP) — A federal judge has ruled that Florida’s transgender health care ban discriminates against state employees and violates their civil rights.

Chief U.S. District Judge Mark Walker ruled Thursday that the state’s ban violated Title VII of the Civil Rights Act of 1964, which protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin.

The lawsuit was filed in 2020 by three current and former state employees against the Florida Department of Management Services. The employees had challenged the denial of medically necessary treatment for their gender dysphoria under the state’s categorical exclusion of coverage for “gender reassignment or modification services or supplies.”

The plaintiffs are represented by Southern Legal Counsel, the ACLU of Florida and Legal Services of Greater Miami.

“We are so grateful that the court is holding the state accountable for its facially discriminatory policy that carves out transgender state employees for unequal treatment,” Southern Legal Counsel attorney Simone Chriss said in a statement. “There is no nondiscriminatory reason for the state to categorically deny coverage of safe, effective, medically necessary treatment only when it is needed to treat gender dysphoria but not for the treatment of any other condition.”

Walker wrote in his ruling that health and pension benefits frequently represent a crucial component of an employee’s compensation, so the practical effect of denying or reducing such benefits on the basis of sex is to deny the employee an employment opportunity on the basis of sex. Walker found that the treatment of all medical conditions, including gender dysphoria, should be based on the unique needs of the patient rather than blanket exclusions.

The court will schedule a trial to determine the amount of plaintiffs’ damages.

The Florida Department of Management Services and the governor’s office didn’t immediately respond to messages seeking comment about the lawsuit from The Associated Press.