The US Circuit Court of Appeals for the Fourth Circuit recently heard two cases from North Carolina and West Virginia state-run health plans that challenge lower court decisions on coverage exclusions for gender dysphoria treatments. According to this Law360 article, the cases could determine how much health plans can restrict access to gender-affirming care. McDermott Partner Sarah Raaii said employers are investigating how to preserve gender-affirming care access in places where it might no longer be accessible.
“I think a lot of the conversation is also coming back to travel benefits,” Raaii said.
The rights of transgender individuals have become a more prominent civil rights issue in recent years, and employers should be aware of how laws in this area impact their employment policies and treatment of transgender employees.