The U.S. Court of Appeals for the Fourth Circuit has ruled that the Americans with Disabilities Act (ADA) protects individuals with gender dysphoria. The ruling applies in the states of Maryland, North Carolina, South Carolina, Virginia and West Virginia.
Background:
Gender dysphoria is a condition recognized by the medical community and is generally defined as distress caused by a discrepancy between a person’s gender identity and their sex assigned at birth. This distress may result in intense anxiety, depression, suicidal ideation, and even suicide. Not all transgender individuals suffer from gender dysphoria.
The Details:
A transgender woman with gender dysphoria spent six months incarcerated in a correctional center in Virginia and was forced to serve the time in men’s housing. There, she claimed she experienced delays in medical treatment for her gender dysphoria, harassment by other inmates, and persistent and intentional misgendering and harassment by prison deputies. For 15 years prior to her incarceration, she had received medical treatment for gender dysphoria in the form of a daily pill and biweekly injections.
She filed a lawsuit, alleging the prison violated her rights under the Americans with Disabilities Act. The ADA prohibits discrimination against individuals because of a disability and requires covered entities to provide reasonable accommodations for individuals with a disability. As they relate to the workplace, these ADA protections apply to all employers with 15 or more employees.
A lower court ruled that she was barred from bringing the lawsuit because the ADA excludes gender dysphoria from protection.
However, the U.S. Court of Appeals for the Fourth Circuit reversed the lower court’s dismissal of the lawsuit, ruling that clinically significant dysphoria is a disability protected under the ADA.
“We see no legitimate reason why Congress would intend to exclude from the ADA’s protections transgender people who suffer from gender dysphoria,” the court wrote.
Next Steps:
If you have employees in Maryland, North Carolina, South Carolina, Virginia or West Virginia:
- Consult legal counsel to determine the potential impact on your policies and practices.
Train supervisors on how to handle requests for reasonable acc