Important New Tool In The Fight For Transgender Rights

Federal court recognizes gender dysphoria as covered by disability protections.

onAugust 17, 2022 at 5:17 PMAugust 17, 2022 at 4:50 PM

Ed. Note: Welcome to our daily feature Trivia Question of the Day!

Which federal circuit is the first to recognize gender dysphoria as covered by the Americans with Disabilities Act?

Hint: The majority held, “Given Congress’ express instruction that courts construe the [Americans with Disabilities Act] in favor of maximum protection for those with disabilities, we could not adopt an unnecessarily restrictive reading of the ADA.”

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From Pilot and Above The Law

Law professor Craig Konnoth noted that while this won’t necessarily lead to an explosion of new cases, it does potentially open up new strategies, “In some context, sex discrimination doesn’t quite work, but sometimes sex discriminations is permitted, but in this case it’s about accommodations. Under an ADA claim you can make such requests so it opens up a strategy.”

See the answer on the next page.