Question...

[Violett]

Hiya all!

I have a question.  First, I have to give some information.  I am in my 50s and worked all my life.  I got sick several years ago and came close to dying a couple of times.  This really prompted me to want to change my gender, as it became apparent I wouldn't have forever to do so.  I have a lot of pain and the disease is one you have to live with, as there is no cure.  After trying several times to continue working, it was recommended that I file for disability.  So I did.  The illness has left me with a lot of bills and the inability to work has left me with a lot of debt and bad credit.

I've filed for disability based on the disease I have and the pain I live with.  I have a 75% chance of winning.  I have not included gender dysphoria as a part of the disability.  I have not told my doctor or lawyer I am gender dysphoric.  I have only told a therapist.  I live in rural Alabama, and people are not very supportive of trans-peeps.  I have been told by friends that gender dysphoria can qualify as a disability.   I have been reluctant to talk to my lawyer or doctor because not everyone will treat you or represent you, particularly if the community will not support their business.

Is there a group I can contact to help me assess whether to add gender dysphoria to my claim?  I am hesitant to ask the lawyer or doctor because I am afraid they will not support me.  So I would like to have an alternate lawyer who is LGBT friendly to go to if I get told by my current lawyer they don't wish to support me.  Same for my doctor.  Truth is I am tired of waiting to go on HRT, and the therapist feels I will qualify easily.

Also, if disability is not approved, how do I find companies to work for that are trans-friendly?  One way or another, I headed for HRT.

Any help or ideas will be appreciated greatly.  It will be tomorrow before I can check back in for any answer, so TIA!

Violett

[Laurie]

This may help answer your question.

What makes this case unique, and its holding potentially narrow, is its reliance on the legal "constitutional-avoidance canon" which, if possible, requires the court to interpret a statute in a way that avoids any constitutional questions raised by the plaintiff. Here, the court interpreted the ADA to allow plaintiff to proceed with her disability discrimination claim because "this interpretation allows the Court to avoid the constitutional questions raised" by the plaintiff.

In reaching its holding, the court noted that two categories of conditions are explicitly excluded from protection under the ADA: non-disabling conditions concerning sexual orientation and identity (e.g., homosexuality and bisexuality), and conditions associated with harmful or illegal conduct (e.g., pedophilia and kleptomania). The court narrowly interpreted these exceptions and found that the ADA does not exclude protection of "conditions that are actually disabling but that are not associated with harmful or illegal conduct" – such as the gender dysphoria affecting the plaintiff. This line of reasoning in many ways mimics how the ADA approaches pregnancy: while the ADA does not cover ordinary pregnancies, complications arising from the pregnancy can trigger ADA protection.

  Excerpt from https://www.healthemploymentandlabor.com/2017/06/09/federal-court-rules-gender-dysphoria-may-be-disability-under-ada/

I hope it does help.

Hugs,
   Laurie

[Lady Sarah]

It would appear the ADA has declared that you are protected at work environments in regards to your gender dysphoria. However, I have never heard of any instance in which gender dysphoria can have you granted disability benefits. In which case, I'd say you should stick with filing based on your incurable disease. This may be particularly important in case your disability case goes to a worker or judge that is transphobic. You would certainly not want your case put in "the circular file" just because someone harbors resentment towards those that are not cisgendered.