A federal district court denied the Florida Department of Management Services’ motion for attorneys’ fees in a Title VII of the Civil Rights Act case brought by transgender employees challenging the state plan’s exclusion of coverage for gender reassignment services, finding that although the plaintiffs ultimately lost their discrimination claim after an 11th Circuit en banc decision changed the controlling law, their arguments attempting to distinguish that decision were not frivolous, unreasonable, or without foundation as required for fee awards to prevailing defendants.
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