Health Insurance Plan Can’t Exclude Gender-Transition Surgeries, Court Rules
A federal court is declaring that employers must cover gender-transition surgeries for their employees in their health insurance plans. The U.S. Court of Appeals for the 11th Circuit ruled last week that a refusal by an employer to cover gender-transition surgeries in an employee’s health insurance violates Title VII of the Civil Rights Act of 1964, which “prohibits employment discrimination based on race, color, religion, sex and national origin.” In the court’s majority opinion, Clinton-appointed Judge Charles R. Wilson wrote, “Generally, discrimination in the Title VII context occurs when an employer intentionally treats an employee worse than other similarly situated employees.” Citing the U.S. Supreme Court’s ruling in Bostock v. Clayton County, he then explained that “an employer who discriminates based on transgender status is intentionally treating that employee differently ‘because of their sex.’”
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