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.

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https://lawprofessors.typepad.com/laborprof_blog/2019/06/barry-levy-on-disability-rights-protection-for-transgendered-individuals.html

Disability, Employment Discrimination | Permalink

Comments

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

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