Attorneys Challenge Transgender Exclusion in Americans With Disabilities Act

[frances_larina]

Attorneys Challenge Transgender Exclusion in Americans With Disabilities Act

http://rhrealitycheck.org/article/2015/12/14/attorneys-challenge-transgender-exclusion-americans-disabilities-act/

RHreality Check/by Jessica Mason Pieklo, Senior Legal Analyst, RH Reality Check

December 14, 2015 - 12:25 pm


"Cabela's refused to reasonably accommodate Blatt's formal diagnosis of gender dysphoria when the store denied her use of an appropriate restroom and the ability to wear a name tag with her correct name.
[...]
The Obama administration weighed in on Blatt's case. In a statement filed with the court and in support of Blatt's claims, the U.S. Department of Justice said that transgender people should be able to pursue ADA claims "because a growing body of scientific evidence suggests" that being transgender may have a physical origin."

And from the GLAD link in the story:

" The Department of Justice submitted a statement of interest, in which it urged the court to ignore the ADA's GID exclusion in order to avoid a constitutional problem raised by the ADA's unfair treatment of transgender claimants. Noting that when the law passed in 1990, it explicitly excluded from its protections people with GID except for those whose GID results from "physical impairments," DOJ said that transgender people should be able to pursue ADA claims "because a growing body of scientific evidence suggests" that being transgender may have a physical origin."

[suzifrommd]

Another example why it matters who's in the White House. Think Cruz/Trump/Carson/Huckabee/Rubio would take the same stand and wade in to help us with the case?

[Zumbagirl]

Another example why it matters who's in the White House. Think Cruz/Trump/Carson/Huckabee/Rubio would take the same stand and wade in to help us with the case?

It doesn't matter who is in the white house, they will all do the bidding of the corporate masters. For the record I 100% do not consider myself a 'disabled' american in any way whatsoever, and for some one to come along and claim that I am is insulting to me personally.

[suzifrommd]

It doesn't matter who is in the white house, they will all do the bidding of the corporate masters. For the record I 100% do not consider myself a 'disabled' american in any way whatsoever, and for some one to come along and claim that I am is insulting to me personally.

I agree, Zumbagirl, I'm not disabled. However, the ADA deals with more than just people with disabilities. It can cover any medical condition (and this is, IMO, a medical condition). It's upsetting that people like the plaintiff are discriminated against and if we have a legal way to stop it, we should.

I'm curious what "corporate master" you think the DOJ is serving in backing this suit?

[Zumbagirl]

I agree, Zumbagirl, I'm not disabled. However, the ADA deals with more than just people with disabilities. It can cover any medical condition (and this is, IMO, a medical condition). It's upsetting that people like the plaintiff are discriminated against and if we have a legal way to stop it, we should.

I'm curious what "corporate master" you think the DOJ is serving in backing this suit?

So what a lot of us face discrimination. I was fired from a job when I went to my boss to tell him of my transition. I was walked out of job interviews after being grilled by indifferent interviewers. Yet I am still here. I fought my discrimination by doing 2 things: I picked myself off the ground and keep going and I didn't choose to make a spectacle of my life in the process. I also chose to be the best person I could just to prove them wrong, and I did.

Democrats and republicans are both owned parties. None of them fight for people rights. They have their hands out for big donors. Don't give me any Obama this or that stuff. If they weighed in it was because this was 'low hanging fruit' nothing more. They will jump and do whatever their corporate masters, the people with the big BIG money tell them to do. The american political system is a joke now. Might as well stay home and not even vote, it's not like it's going to make a difference anyways. I some times think that a long time ago, the democrats and republicans got together in a smoke filled back room, ripped our constitution in half and the person who got their half said I will support this hard and deny your half, and vice versa. This way they could whittle away at the constitution until there was nothing left.

[suzifrommd]

I some times think that a long time ago, the democrats and republicans got together in a smoke filled back room, ripped our constitution in half and the person who got their half said I will support this hard and deny your half, and vice versa.

Interesting theory.

[tgchar21]

If they refused to let her have a name tag with her legal (female) first name, then that goes beyond ADA or ENDA trans-discrimination issues; that's defying a court-ordered name change (which I thought was illegal regardless of the reason for the name change). (If she hadn't legally changed her name yet then that would remain under the scope of the anti-discrimination laws as is the case with for example restroom/attire/pronoun issues, although she could still challenge it otherwise if they let non-trans employees use a "preferred" name that's not part of their legal name.)