Friday, May 19, 2017

Transgender Person Allowed to Sue Under Disability Law

In a step in the right direction in breaking down the sexual orientation hierarchy, a judge has ruled that a transgender woman can proceed with a sex discrimination lawsuit under the American with Disabilities Act for gender dysphoria, even though the ADA explicitly excludes transgender people from protection. US District Judge Joseph Leeson avoided ruling on the constitutionality of the ADA, as the plaintiffs had sought, under the legal principle that courts should avoid decisions on constitutional grounds if possible.

Being transgender is not considered by the American Psychiatric Association as a disorder, but it can give rise to a type of anxiety that may require medical treatment, gender dysphoria.

The suit is being brought against the retail chain Cabela's Inc., for sex discrimination, as the plaintiff says she was fired after harassment that included denying her the use of the women's bathroom and temporarily forcing her to wear a name tag with her male name given at birth.