The Future of Disability Rights Protections for Transgender People

47 Pages Posted: 5 Jun 2019

See all articles by Kevin M. Barry

Kevin M. Barry

Quinnipiac University - School of Law

Jennifer Levi

Western New England University School of Law

Date Written: May 30, 2019

Abstract

The Americans with Disabilities Act and its predecessor, Section 504 of the Rehabilitation Act of 1973 (“Section 504”), protect people from discrimination based on disability, but not if that disability happens to be one of three archaic medical conditions associated with transgender people: “transvestism,” “transsexualism,” and “gender identity disorders not resulting from physical impairments.” This Article tells the story of how this transgender exclusion came to be, why a growing number of federal courts say it does not apply to gender dysphoria, a new and distinct medical diagnosis, and the future of disability rights protections for transgender people.

Keywords: Kate Lynn Blatt, Cabela's Retail, transgender, gender dysphoria, Americans with Disabilities Act, Rehabilitation Act

Suggested Citation

Barry, Kevin M. and Levi, Jennifer, The Future of Disability Rights Protections for Transgender People (May 30, 2019). Touro Law Review, Vol. #35, No. 1, 2019. Available at SSRN: https://ssrn.com/abstract=3396676

Kevin M. Barry (Contact Author)

Quinnipiac University - School of Law ( email )

275 Mt. Carmel Ave.
Hamden, CT 06518
United States

Jennifer Levi

Western New England University School of Law ( email )

1215 Wilbraham Road
Springfield, MA 01119
United States

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