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Workers With Gender Dysphoria are Entitled to ADA Protection

  • Post on May 24th, 2017
  •  by Sana Swe 
  • at California Employment Law Attorney

A federal judge in Allentown, Pennsylvania, has refused to dismiss a lawsuit filed by a transgender woman who claims discrimination by her former employer, Cabela’s Retail Inc., under the Americans with Disabilities Act.

U.S. District Judge Joseph Leeson ruled that the ADA protects people with gender dysphoria from discrimination, even though the law specifically excludes gender identity disorder from its protections, report Reuters and the Washington Blade.

Leeson ruled in a suit filed by Kate Lynn Blatt, who had claimed she was fired from a Cabela’s store in Hamburg, Pennsylvania, because of her sex and disability. Blatt’s lawyer told Reuters that the decision is the first to allow a transgender person to sue under ADA protection for discrimination based on gender dysphoria.

The ADA says the term “disability” does not include “transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments or other sexual behavior disorders.”

Leeson distinguished the non-disabling condition of merely…continue reading>>>