The Future of Disability Rights Protections for Transgender People
47 Pages Posted: 5 Jun 2019
Date Written: May 30, 2019
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: Suggested Citation