Thursday, June 6, 2019

Barry & Levy on Disability Rights Protection for Transgender Individuals

Barry LeviKevin M. Barry (Quinnipiac) and Jennifer Levi (Western New England) have just posted on SSRN their article (forthcoming 35 Touro L. Rev.) The Future of Disability Rights Protections for Transgender People. Here's the abstract:

The Americans with Disabilities Act and its predecessor, Section 504 of the Rehabilitation Act of 1973 (“Section 504”), protect people from discrimination based on disability, but not if that disability happens to be one of three archaic medical conditions associated with transgender people: “transvestism,” “transsexualism,” and “gender identity disorders not resulting from physical impairments.” This Article tells the story of how this transgender exclusion came to be, why a growing number of federal courts say it does not apply to gender dysphoria, a new and distinct medical diagnosis, and the future of disability rights protections for transgender people.


Disability, Employment Discrimination | Permalink


If you don't know how to refer to a group of LGBT+ people, the GLAAD media guide can be helpful. As it explains, "transgender" is the preferred way to refer to transgender people, and it's the way the cited article refers to them. "Transgendered" is problematic and should be avoided unless you intend to cause offense.

Posted by: Dave | Jun 6, 2019 8:01:18 AM

The term "transgender" is itself problematic. There are so many different definitions of the term such that there is no accepted definition. And the definitions keep changing.

Likewise, another common term, “gender nonconforming”, should be avoided. A person who identifies outside the binary and/or strict gender roles shouldn’t be deemed nonconforming. The person is simply being who the person is.

It is far better to use terms such as “gender identity”, “gender expression”, and “gender diverse”. It avoids classifying people with arbitrary and potentially offensive labels.

Posted by: Christine Michelle Duffy | Jul 29, 2019 3:39:24 PM

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