Transgender Workers' Rights Expanded by Gender Dysphoria Ruling - Bloomberg Law
Transgender workers will gain broadened legal protections in the wake of a recent federal appeals court decision that gender dysphoria is covered by the Americans with Disabilities Act.
Many transgender people suffer from gender dysphoria, which describes the distress caused by a person’s gender identity not matching that person’s sex assigned at birth. About three-quarters of transgender people who participated in a 2020 Cedars-Sinai study experienced gender dysphoria by age seven.
Transgender workers gained protections against job discrimination with the US Supreme Court’s landmark 2020 ruling that said LGBT employees are covered by Title VII of the 1964 Civil Rights Act.
But the ADA goes beyond just prohibiting bias to requiring that employers provide reasonable accommodations. For workers with gender dysphoria, that could mean getting leave for medical procedures or hormone therapy, as well as modifications to bathroom or dress-code policies, legal observers said.
“If somebody notifies their employer of the fact that they’re transitioning, then there’s a method in place to ensure they can continue to do their job with appropriate accommodations,” said Jennifer Levi, director of GLBTQ Legal Advocates & Defenders’ Transgender Rights Project.
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Levi’s group, along with a slew...
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