'Massive Win': Court Rules Transgender People Entitled to Disabilities Act Protections

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An appeals court ruled that Kesha Williams 'plausibly alleged' that people with gender dysphoria must be protected under the ADA.

Plaintiff Kesha Williams"plausibly alleged that gender dysphoria does not fall within the Americans With Disabilities Act's exclusion," an appeals court found.LGBTQ+ rights advocates on Tuesday celebrated Tuesday after a federal court became the first in the U.S. to rule that transgender people who suffer from gender dysphoria must be protected from discrimination under the Americans With Disabilities Act.

"The disorder that my client now has did not exist, at least diagnostically... We must apply a modern understanding."with men, harrassed her, confiscated her bras, and frequently refused to provide her with the hormone treatments she'd been taking for 15 years. Williams filed a lawsuit arguing the Fairfax County Sheriff's Office had violated her rights under the Americans With Disabilities Act , with her lawyers arguing that she should have been protected from discrimination under the law.as the"psychological distress that results from an incongruence between one's sex assigned at birth and one's gender identity."

A district court ruled against Williams last year, but the U.S. Court of Appeals for the Fourth Circuit on Tuesday reversed that decision. In 1990, when the ADA was signed into law, it did not mention gender dysphoria but explicitly excluded"gender identity disorders not resulting from physical impairments" from the protections it offered.

 

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