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Employer Considerations After 11th Circuit Gender Care Ruling

Law360

In this article, Joanne Roskey, former Deputy Associate Solicitor at the U.S. Department of Labor (DOL), Plan Benefits Security Division (PBSD), and Elizabeth Jonas examine the implications of the U.S. Court of Appeals for the Eleventh Circuit's en banc decision in Lange v. Houston County, Georgia. The ruling, which found that a county health plan's exclusion of gender-affirming care did not facially violate Title VII of the Civil Rights Act, introduces new considerations for employers and plan sponsors navigating benefit design. The authors explore how the court's reliance on U.S. v. Skrmetti may signal a broader trend in judicial interpretation of Title VII and equal protection claims. Roskey and Jonas also outline practical steps for employers to assess compliance with both federal and state mandates amid a rapidly evolving legal landscape.