Claire v. Florida Dept. of Mgmt. Servs., 504 F. Supp. 3d 1328 (N.D. Fla. 2020).

U.S. District Court for the Northern District of Florida (December 3, 2020)

Holding: The plaintiffs lacked standing to bring claims alleging sex discrimination under Title VII and the Equal Protection Clause.

Background: State employees brought gender discrimination action against their employers, including university board of trustees, board members, Florida Department of Corrections, and Department's Secretary, alleging defendants were involved in providing discriminatory health plans that specifically excluded gender-affirmative care. Employers moved to dismiss.

The Eleventh Circuit Court of Appeals established in Jacobson v. Fla. Sec’y of State, 974 F.3d 1236 (11th Cir. 2020), that “when a state law makes one state official responsible for the challenged action, plaintiffs lack standing to sue another, independent state official for that action.” Claire, 504 F. Supp. 3d at 1332 (citing Jacobson, 974 F.3d at 1254). The Department of Management Services (DMS), the court explained, was “solely responsible for selecting and defining the contours of state health plan benefits.” Id. at 1331. Therefore, the plaintiff’s alleged injuries were not adequately traceable to the defendant-employers to satisfy the requirement of standing.
The court found that the plaintiffs’ equal protection claims are barred by the Eleventh Amendment. Id. at 1334.

TAKEAWAY:

This case is not terribly consequential, but it’s notable for it being the first case after Bostock to deal with GAC access in the context of employment.

Welcome to the Trans Healthcare Case Tracker. On this page, you can view updates to federal and state cases involving challenges to trans healthcare and gender-affirming care.

In recent years, several states, jurisdictions, public entities, and private companies have severely limited access to gender affirming care, or GAC. These bans are rooted in the false belief that GAC is harmful, unmedical, and immoral. In reality, GAC is medically necessary healthcare that can dramatically improve the quality of life for the those who seek it.

As a transgender attorney, and someone who has been privileged enough to experience the life-altering benefits of GAC, I am deeply invested in helping others access GAC. My specialization in employment law, my love of writing, and my commitment to using my power to advance and advocate for queer liberation, is why I started this page.

A short history on GAC in the context of employment:

After the 2020 Supreme Court decision Bostock v. Clayton County, employers could no longer discriminate against employees on the basis of sexual orientation and gender identity. This means that employers cannot deny employment privileges—like insurance coverage—to trans employees, simply because they are trans. The fact that medical insurance in American is often tethered to one’s employment is what grounds GAC coverage in the realm of Title VII—the section of the 1964 Civil Rights Act that prohibits discrimination in employment.

There are a growing number of cases that deal with employers’ refusal to provide insurance coverage for trans employees seeking GAC. Overwhelmingly, these cases result in favorable verdicts for the plaintiffs. Still, many employers, either through ignorance or bigotry, continue to violate employees’ federal rights by denying coverage for medically necessary GAC.

A note on terminology:

Gender affirming care is not specific to trans people, though it often only spoken of in that context. The truth is that many people, including cisgender people, pursue GAC for a variety of reasons. Examples of GAC are not specific to trans people are hormone therapy, fertility treatment, hair growth treatment, and breast reduction for AMAB men with with gynecomastia.

Because GAC is not specific to trans people, I use the term “trans healthcare” to refer to medical treatment that is specific to trans individuals. This encompasses any treatments that address gender dysphoria, a medical condition defined as a “marked incongruence between one’s experienced/expressed gender and natal gender.” DSM-5. Though not all trans people experience gender dysphoria, many do—including all of the plaintiffs at the heart of the cases discussed on this page.

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I hope that this page can serve as a resource and a symbol of hope for those struggling to access medically necessary care. If you are in need of urgent assistance, please consider contacting the following organizations:

The Trevor Project
Providing confidential support for LGBTQ youth in crisis. All resources below are available 24/7.

TrevorLifeline
1-866-488-7386
Crisis intervention and suicide prevention phone service.

TrevorChat
Confidential online instant messaging with a Trevor counselor.
Access through a computer.

TrevorText
Text START to 678-678
Confidential text messaging with a Trevor counselor.

SAGE LGBT Elder Hotline
Talk and be heard at the SAGE LGBT Elder Hotline. Connects LGBT older people with friendly responders. For LGBT elders and caretakers. Available 24/7.

1-877-360-LGBT (5428)
Confidential support and crisis response.

Trans Lifeline
A 24/7 confidential hotline available in the U.S. and Canada staffed by transgender people for transgender people.

1-877-565-8860 (United States)
1-877-330-6366 (Canada)