The Future of Disability Rights Protections for Transgender People

48 Pages Posted: 7 Dec 2020

See all articles by Kevin M. Barry

Kevin M. Barry

Quinnipiac University - School of Law

Jennifer Levi

Western New England University School of Law

Multiple version iconThere are 2 versions of this paper

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

Suggested Citation

Barry, Kevin M. and Levi, Jennifer, The Future of Disability Rights Protections for Transgender People (2019). Touro Law Review, Vol. 35, p. 25, 2019, Available at SSRN: https://ssrn.com/abstract=3490236

Kevin M. Barry

Quinnipiac University - School of Law ( email )

275 Mt. Carmel Ave.
Hamden, CT 06518
United States

Jennifer Levi (Contact Author)

Western New England University School of Law ( email )

1215 Wilbraham Road
Springfield, MA 01119
United States

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