The Future of Disability Rights Protections for Transgender People
48 Pages Posted: 7 Dec 2020
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The Future of Disability Rights Protections for Transgender People
Date Written: 2019
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 the disability is one of three archaic medical conditions associated with transgender people: “transvestism,” “transsexualism,” and “gender identity disorders not resulting from physical impairments.” This Article describes the origins of transgender exclusion and discusses why a growing number of federal courts find this exclusion does not apply to gender dysphoria, a new and distinct medical diagnosis. Further, the Authors define the future of disability rights protections for transgender people.
Keywords: Americans with Disabilities Act, ADA, Rehabilitation Act of 1973, Section 504, transgender, transvestism, transsexualism, gender identity, gender dysphoria
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