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Judge Allows Person to Sue Under Disability Lawt


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Reuters | May. 18, 2017, 11:12 PM | By Daniel Trotta
"The lawsuit, which also cites protections in Title VII of the Civil Rights Act of 1964 against sex discrimination in employment, had asked the judge to rule that the ADA clause violates the U.S. Constitution because it denies equal protection for all under the law." -- businessinsider.com

U.S. judge allows first transgender person to sue under disability law (CAB)

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Posted

Right on!

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According to DSM-5, gender dysphoria "refers to the distress that may accompany the incongruence between one's experienced or expressed gender and one's assigned gender... It focuses on dysphoria as the clinical problem, not identity per se." This takes into account that gender is a sense of self or identity based on multiple factors and experiences, not just anatomy, and allows for different degrees, types, and ways of adapting to and expressing this incongruence. It is not automatically a pathology. Since the diagnosis of gender dysphoria recognizes the great distress that can arise from this issue, however, it can still form the basis for treatment, insurance reimbursement, and even disability.

Transgender status was never a protected class under Title VII, so this is not altered by the diagnostic change from gender identity disorder to gender dysphoria. As the article and previous post mention, the lawsuit is based on its more general sex discrimination provisions and therefore may "expand civil rights for transgender people just a little." It's about time!

 

 

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