Chief US District Judge Mark E. Walker ruled Thursday that the state of Florida’s employee health insurance plan violates Title VII employee protections against discrimination on the basis of sex.

The court found that Florida’s insurance plan was a clear instance of treating an individual employee differently solely because of their sex, holding that the state’s administration of healthcare benefits was facially discriminatory and violated Title VII of the Civil Rights Act of 1964. Title VII is a landmark federal legislation that makes it unlawful for an employer to discriminate on the basis of race, color, religion, sex or national origin, and it includes discrimination that impacts an individual’s compensation and benefits.

Judge Walker granted the plaintiffs’ motion for partial summary judgment, finding the employer liable, and ordered a conference for August 16, 2024, for the parties to discuss the extent of damages at trial.

Florida’s employee health insurance plan excludes coverage for gender reassignment or modification services. The plaintiffs are current and former employees of the state of Florida who alleged violations of Title VII because the healthcare exclusions, which have been in effect since 1970, apply only to transgender employees. The plaintiffs were denied coverage for medically necessary gender-affirming medical care for their gender dysphoria, a DSM-V condition, but these same treatments are covered by the state for other medically necessary reasons not based on sex.

The ACLU of Florida, serving as counsel for the plaintiffs, stated in response to the ruling:

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. 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. As the court made clear, ‘Title VII prohibits all forms of discrimination because of sex, however they manifest themselves,’ and we are thrilled that this antiquated relic of state-sanctioned discrimination has been left in the past where it belongs.

Transgender rights are a controversial issue across the US, where states have been pushing back against regulations expanding transgender rights protections in schools as well as in healthcare. The US Supreme Court recently announced that it will hear a case to decide the legality of a state ban on gender-affirming care for minors, which will have a significant impact on youth transgender health rights across the country.