Federal Court Recognizes Gender Dysphoria Discrimination Claims under Americans with Disabilities Act

For the first time, a federal court has recognized that individuals suffering from gender dysphoria are entitled to protection against workplace discrimination under the Americans with Disabilities Act (ADA), a federal law that requires employers to reasonably accommodate employees’ disabilities. The May 18 ruling by U.S. District Judge Joseph F. Leeson, Jr., accepted an argument by attorneys for Kate Lynn Blatt, a transgender woman, that a provision in the ADA excluding protection for “gender identity disorders” should be narrowly construed to avoid a potential violation of the Equal Protection Clause. Blatt v. Cabela’s Retail, Inc., 2017 U.S. Dist. LEXIS 75665, 2017 WL 2178123 (E.D. Pa.).

Blatt, who is also alleging sex discrimination by her employer, Cabela’s Retail, Inc., was diagnosed with gender dysphoria in October 2005. She alleges that her gender dysphoria “substantially limits one or more of her major life activities, including, but not limited to, interacting with others, reproducing, and social and occupational function.”   The ADA provides protection for people suffering from physical or mental impairments that substantially limit one or more of their major life activities.

For the full story, access the June 2017 issue of LGBT Law Notes.