Transgender people have additional protections from discrimination in the eyes of federal law for having a disability if they experience gender dysphoria, the U.S.
Fourth Circuit Court of Appeals ruled Tuesday in a consequential decision that marks a first for a federal appeals court. A three-judge panel on the Fourth Circuit, which has jurisdiction over Virginia, North Carolina and South Carolina, determined the Americans with Disability Act prohibits discrimination against people with gender dysphoria — despite explicit language in the law excluding “transsexualism” and “gender identity disorder” as a protected classes.
U.S. Circuit Court Judge Diana Gribbon Motz, an appointee of Bill Clinton, wrote in a 56-page decision gender dysphoria doesn’t fall under the those two categories in the law because “gender dysphoria is not a gender identity disorder.” “[T]he ADA excludes from its protection anything falling within the plain meaning of ‘gender identity disorders,’ as that term was understood ‘at the time of its enactment,'” Motz writes. “But nothing in the ADA, then or now, compels the conclusion that gender dysphoria constitutes a ‘gender identity disorder’ excluded from ADA protection.” As a result, the appeals court remanded the case for additional review to the lower trial court, which had come to the opposite conclusion and determined transgender aren’t covered under ADA.
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